SUKHDEV SINGH Vs. JASWINDER KAUR
LAWS(P&H)-2022-8-71
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 17,2022

SUKHDEV SINGH Appellant
VERSUS
JASWINDER KAUR Respondents


Referred Judgements :-

ROHIT SHEKHAR VS. NARAYAN DUTT TIWARI AND ANR. [REFERRED TO]
NANDLAL WASUDEO BADWAIK VS. LATA NANDLAL BADWAIK AND ANR. [REFERRED TO]
GOUTAM KUNDU VS. STATE OF WEST BENGAL [REFERRED TO]
SHARDA VS. DHARMPAL [REFERRED TO]
BANARSI DASS VS. TEEKU DUTTA [REFERRED TO]
BHABANI PRASAD JENA VS. CONVENOR SECRETARY [REFERRED TO]
DIPANWITA ROY VS. RONOBROTO ROY [REFERRED TO]
JUSTICE K. S. PUTTASWAMY (RETD) VS. UNION OF INDIA [REFERRED TO]
ASHOK KUMAR VS. RAJ GUPTA [REFERRED TO]



Cited Judgements :-

VIJAY KUMAR GARGDEE CEE GHARIANWALA VS. KAJALNICKY [LAWS(P&H)-2023-5-98] [REFERRED TO]


JUDGEMENT

ALKA SARIN,J. - (1.)The present revision petition has been filed under Article 227 of the Constitution of India challenging the order dtd. 8/12/2018 (Annexure P-9) whereby the Trial Court has dismissed the application filed by the defendant-petitioners for issuing a direction to the plaintiff-respondent to supply her blood sample for getting her DNA test conducted and getting the same compared with the blood samples of the defendant-petitioners for ascertaining the parentage of the plaintiff-respondent.
(2.)The brief facts relevant to the present lis, as available from the paperbook and from the website of the District Court, are that the plaintiff-respondent filed a suit for declaration that she is owner to the extent of 1/4th share out of the land of Jeet Kaur w/o Sukhdev Singh and also for joint possession of the 1/4th share and for permanent injunction. The plaintiff-respondent averred that she was the daughter of Sukhdev Singh and Jeet Kaur while Jeet Kaur had expired on 19/10/1983. The defendants in this suit were Sukhdev Singh and the defendant-petitioners (sons of Sukhdev Singh). In their written statement dtd. 8/11/2013, Sukhdev Singh and the defendant-petitioners inter-alia denied that the plaintiff-respondent was the daughter of Sukhdev Singh and Jeet Kaur.
(3.)On 12/3/2014 the Trial Court framed the following issues :
1. Whether plaintiff is entitled for declaration as prayed for.

2. Whether plaintiff is entitled for joint possession as prayed for ? OPP

3. Whether plaintiff is entitled for permanent injunction as prayed for ? OPP

4. Whether suit of plaintiff is not maintainable ? OPD

5. Whether plaintiff has no locus standi to file present suit ? OPD

6. Whether plaintiff is estopped from filing present suit due to her own act, conduct ? OPD

7. Whether plaintiff has not come to the court with clean hands ? OPD

8. Whether suit of plaintiff is time barred ? OPD

9. Whether plaintiff has concealed material facts from the court ? OPD

10. Relief.



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