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Hindu Succession Act, 1956 – Evidence Act, 1872 – Section 112 – Declaration of ownership of property – Defendants have denied that the plaintiff is their brother or the son of their parents – High Court directed the plaintiff to undergo the DNA test – Appeal against – DNA test is not to be directed as a matter of routine but only in deserving cases – When the plaintiff is unwilling to subject himself to the DNA test, forcing him to undergo one would impinge on his personal liberty and his right to privacy – Respondent cannot compel the plaintiff to adduce further evidence in support of the defendants’ case – In any case, it is the burden on a litigating party to prove his case adducing evidence in support of his plea and the court should not compel the party to prove his case in the manner, suggested by the contesting party – Impugned judgment merits interference and is set aside – Appeal allowed.
by Sekar Reporter · Published October 18, 2021