Code of Civil Procedure, 1908–Order 26, Rule 10–Bharatiya Sakshaya Adhiniyam, 2023–Secs. 114 & 119–DNA test–Defendant no. 2 denied the fact that she is the mother of the plaintiff, whereas the plaintiff claimed that she is daugther of defendant no. 2 and sought to conduct the DNA test–Rejection of the application–Justfication–Presmuption u/s. 112 of Evidence Act (Sec. 119 of BSA,2023) is applicable where the paternity is under the challenge–It is questionable that how a person born to a female is to prove that the woman whom he or she claims to be his or her mother, in fact the natural mother –Trial Court ought to have allowed the application–Impugned order set aside and application under Order 26, Rule 10 stood allowed–Further, direction issued that if the defendant no, 2 denies to undergo the DNA test, consequences will follow as per Sec. 119 of BSA, 2023, illustration (h) to the aid of the plaintiff-petitioner.
