THE HON'BLE SRI JUSTICE GHULAM MOHAMMED CIVIL REVISION PETITION No.2572 of 2009 ORDER: This Civil Revision Petition is directed against the order dated 16.02.2009 passed in I.A.No.812 of 2008 in O.S.No.158 of 2008 on the file of the Court of II Additional District Judge, Visakhapatnam District. I.A.No.812 of 2008 was filed by the respondent/plaintiff seeking to direct her mother – Smt. B. Sanyasamma, D. Naga Raju and the petitioner/defendant to undergo D.N.A. test along with the respondent/plaintiff. It is the case of the respondent/plaintiff that D.N.A. test to the above persons is very much essential for the purpose of her claim in the suit. It is the case of the petitioner/defendant that paternity of the respondent/plaintiff has already been determined by the Court in the earlier judgments and therefore, the respondent/plaintiff cannot reopen the matter by filing fresh suit and that the relief in the suit itself is barred by res judicata. The Court below, after considering the facts and circumstances of the case, observed that the D.N.A. test is necessary to determine the suit itself; that such a direction to the above persons to undergo D.N.A. test along with the respondent/plaintiff would not cause prejudice to the petitioner/defendant when the respondent/plaintiff was ready to bear the expenses and there are two contradictory reports of D.N.A. test, and accordingly allowed the I.A., by impugned order. Having heard the learned counsel for both sides and having perused the material on record, since there are two contradictory reports of D.N.A. test, I am of the opinion that the discretion exercised by the Court below does not warrant interference by this Court. Accordingly, the Civil Revision Petition is dismissed. No order as to costs. _______________________ GHULAM MOHAMMED, J 30th April, 2010 GHN