- (1.) CM No. 23145-CII of 2014 Application is allowed and judgments dated 24.12.1983, 17.10.1984 and 28.02.1986, Annexure P-7 to P-9 are taken on record. CR No. 6759 of 2014 Challenge in the instant petition is by invoking revisional jurisdiction of this Court under Article 227 of the Constitution of India for setting aside the order dated 02.09.2014 passed by learned trial Court on an application under Order 26 Rule 10-A of the Code of Civil Procedure.
(2.) The aforesaid application was filed alongwith civil suit instituted by the petitioners, seeking declaration to the effect that respondent-defendant no. 1 Nanu Ram is not their biological brother. The facts of the case are that respondent-defendant no. 3 father of petitioners, performed marriage with respondentdefendant no. 2 Smt. Chameli but she severed all her relations with respondent-defendant no. 3 and contracted marriage with elder brother of respondent-defendant no. 3, namely; Kapoora. Respondent no. 1 was born to respondent no. 2 from the lions of Kapoora aforesaid. Thereafter, respondent no. 3 married respondent no. 4 and from that wedlock petitioners and respondent no. 5 their sister were born. Reference is made to a civil suit filed by respondent no. 3 against respondent no. 2 and Kapoora. Kapoora filed written statement and admitted marriage with respondent no. 2 and also that respondent no. 1 is the son born from the said wedlock. Thereafter, respondent no. 2 underwent tubectomy operation and a certificate was issued by the authority of the said department showing respondent no. 2 to be the wife of Kapoora. It was also stated that in the voters list of the year 2004 name of husband of respondent-defendant no. 2 is entered as Kapoora. After seeking reply to the written statement, learned trial Court dismissed the application vide the impugned order.
(3.) I have heard learned counsel for petitioners and find no merit in the instant petition.;