Case Note & Summary
The petitioner, Rajanaika, was the first defendant in a partition suit (O.S.No.170/2010) filed by his son, Umesh (plaintiff/respondent no.1), seeking partition and separate possession of suit properties. The plaintiff claimed he was born out of the wedlock between defendant no.1 (Rajanaika) and defendant no.2 (Mariyamma). The plaintiff filed I.A.No.7 under Section 45 read with Section 56 of the Indian Evidence Act, 1872 and Section 151 of the Code of Civil Procedure, 1908, praying that the parties be directed to undergo a DNA test to establish paternity. The trial court allowed the application by order dated 03.12.2014, directing the plaintiff and defendants 1 and 2 to tender blood samples for a DNA test. Aggrieved, the first defendant filed the present writ petition under Article 227 of the Constitution of India. The High Court heard arguments from both sides. The court held that the trial court had correctly exercised its discretion in ordering the DNA test, as paternity was a crucial issue in the partition suit. The court noted that under Section 45 of the Evidence Act, the opinion of experts, including DNA testing, is admissible, and under Section 56, the court may take judicial notice of scientific facts. The court also held that Section 151 CPC confers inherent power on the court to make such orders as are necessary for the ends of justice. The High Court found no illegality or perversity in the impugned order and dismissed the writ petition, upholding the trial court's direction for DNA testing.
Headnote
A) Civil Procedure - Inherent Powers - Section 151 CPC - DNA Test - The court has inherent power under Section 151 CPC to order a DNA test to determine paternity in a partition suit, as it is necessary for just and proper adjudication of the dispute. (Para 3) B) Evidence Act - Expert Opinion - Section 45 r/w 56 - DNA Test - A DNA test is admissible as expert opinion under Section 45 of the Indian Evidence Act, 1872, and the court may direct parties to provide blood samples for such test when paternity is in issue. (Para 3) C) Evidence Act - Facts Judicially Noticeable - Section 56 - DNA Test - The court can take judicial notice of the scientific accuracy of DNA testing under Section 56 of the Indian Evidence Act, 1872, and order the test to ascertain the truth. (Para 3)
Issue of Consideration
Whether the trial court was justified in ordering the parties to undergo a DNA test to determine paternity in a partition suit, and whether such an order is sustainable under Section 45 read with Section 56 of the Indian Evidence Act, 1872 and Section 151 of the Code of Civil Procedure, 1908.
Final Decision
The High Court dismissed the writ petition, upholding the trial court's order dated 03.12.2014 directing the plaintiff and defendants 1 and 2 to tender blood samples for DNA test.
Law Points
- DNA test
- paternity
- partition suit
- Section 45 Evidence Act
- Section 56 Evidence Act
- Section 151 CPC
- inherent powers
- best evidence rule
