SHRI BANARSI DASS versus MRS. TEEKU DUTTA AND ANR.

SHRI BANARSI DASS versus MRS. TEEKU DUTTA AND ANR.

Direction for DNA test is not to be given in proceedings for issuance of Succession Certificate except in deserving cases; scope of enquiry is limited and parties must prove their respective cases by evidence produced during the trial, not by creating evidence via DNA test. Section 112 presumption of legitimacy is conclusive and can only be rebutted by proof of non-access, not by DNA test.

Parties
Appellant: Shri Banarsi Dass; Respondent No. 1: Mrs. Teeku Dutta; Respondent Advocate: Y.P. Ahuja; Respondent Advocate: Ms. Sudha Pal
Jurisdiction
India
Judgment Date
27 April 2005
Procedural Posture
Civil Appeal / Appeal From Delhi High Court (revision of Order of Administrative Civil Judge)
Outcome
Appeal dismissed
Legal Topics
DNA Test, Legitimacy Presumption, Succession Certificate
Evidence Law Family Law Succession DNA Test Legitimacy Presumption Succession Certificate

Case Brief

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Parties

Shri Banarsi Dass

Appellant

Mrs. Teeku Dutta

Respondent No. 1

Y.P. Ahuja

Respondent Advocate

Ms. Sudha Pal

Respondent Advocate

Procedural Posture

Civil Appeal / Appeal From Delhi High Court (revision of Order of Administrative Civil Judge)

Legal Issues

  1. 1 Whether a direction for DNA test can be given in proceedings for issuance of Succession Certificate under the Indian Succession Act, 1925
  2. 2 Scope of presumption of legitimacy under Section 112 of Indian Evidence Act, 1872

Ratio Decidendi

Direction for DNA test is not to be given in proceedings for issuance of Succession Certificate except in deserving cases; scope of enquiry is limited and parties must prove their respective cases by evidence produced during the trial, not by creating evidence via DNA test. Section 112 presumption of legitimacy is conclusive and can only be rebutted by proof of non-access, not by DNA test.

Court Disposition

Appeal dismissed

Orders

  • Direction for DNA test given by the trial court set aside.
  • High Court's judgment upheld.