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Ashok Kumar v. Raj Gupta


DNA Test – (Deoxyribonucleic Acid Test) – Whether in a declaratory suit where ownership over coparcenary property is claimed, the plaintiff, against his wishes, can be subjected to the DNA test ? – Whether the plaintiff without subjecting himself to a DNA test, is entitled to establish his right over the property in question, through other material evidence – The plaintiff has already led evidence from his side to prove relationship between the parties and at this stage whether the Court should have directed the plaintiff to undergo the DNA test – Whether in the absence of consent, a party can be forced to provide sample for a DNA test – Whether refusal to undergo DNA Testing amounts to ‘other evidence’ or can an adverse inference be drawn in such situation ? Explained.

Civil Law The 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.