Supreme Court · 2005 INSC 233 · Decided 27 April 2005
Shri Banarsi Dass v. MRS. Teeku Dutta and ANR.
- Court
- Supreme Court of India
- Citation
- 2005 INSC 233 · [2005] 3 S.C.R. 923
- Case number
- CIVIL APPEAL No. 2918/2005
- Decided
- 27 April 2005
- Bench
- ARIJIT PASAYAT, S.H. KAPADIA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 151; Evidence Act Section 112; Succession Act Section 372
Headnote
Indian Evidence Act, 1872-Section 112 : Direction for DNA test given in a proceeding for issuance of Succession Certificate-Propriety of-Held: The purpose of issuing Succession Certificate is to facilitate collection of dues and to protect debtors dealing with the alleged representatives of the enquiry is very limited and the parties are required to prove their respective cases by such evidence produced during D trial rather than creating evidence by DNA test-Direction for DNA test may be given only in deserving cases and not as a matter of routine-Indian Succession Act, 1925-Section
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