Supreme Court · 2021 INSC 587 · Decided 1 October 2021
Ashok Kumar v. Raj Gupta & ORS.
- Court
- Supreme Court of India
- Citation
- 2021 INSC 587 · [2021] 6 S.C.R. 1113
- Case number
- CIVIL APPEAL No. 6153/2021
- Decided
- 1 October 2021
- Bench
- R. SUBHASH REDDY, HRISHIKESH ROY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 112, 114; Constitution Article 112, 114
Headnote
Suit - Declaratory suit - Plaintiff, if can be subjected to DNA test against will - Test of eminent need - Declaratory suit filed by appellant-plaintiff claiming ownership over coparcenary property of respondents-defendants' parents -Defendants sought plaintiff Revision Petition - Allowed by High Court - On appeal, held: In the present case, the application to subject the plaintiff to a DNA Test is in a declaratory suit - Plaintiff has already adduced evidence and is not interested to produce additional evidence (DNA) to prove his case
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