^-^ HIGH_COURT OF CHHATTISGARH AT BILASPUR ^.'t-i' /(^< PetIUpAer RssBoadeate W.P. (2271 N0. 3686/2011 Heinlal, S/o Mahru Ram., Aged about 34 years, R/o Ahitda, Tahsit Baloda Bazar, Distt. Raipur (C.G.). Vorsus 1. 2. 2. 3. 4. Dwara Bai D/o Itwan Vemia, Aged about 26 years, Minor Uina Shaaker, Aged about 4 years, fhrough Its Legal/Natural guardian mother Dwara Bai D/o Itwari Venaa, R/o Village AIulda, Tahsil Batoda Bazar, Distt. Raipur (C.G.). WRIT PETITION UNDBR ARTICLB 227 OEL THB CQNSTITXmON QP INDIA. (SB :Hoa'bfe Mr. T.P.Sliarma, J.) Present:- Mr. Ani' Singh Rajput, Advcxate for the petitioner. Respondents not noticed. ORAL^ORDER. (Passedon 20/07/a011] By thte petition under Articlc 227 of the Constitution of India petitioner has chaUenged the legalily and proprieiy of the order dated 9/7/2010 pasaed by 2nd Addidonal Distnct Judge, Baloda Bazar, District Raipur (C.G.) in civil appeal No. 63-A/08 whereby appeUate Court has dismissed the applicatiou. for D.N.A. test ofminor. Leamed couasel for the petitioner is heard. U;arned counsel for the petitioner subnaits that laaiatenance ia civil suit has 'een awarded to ininor on the ground of iMegitunate chUd of appeUant therefore appellaat has prayed for D.N.A. test ofthe iniuor before appellatc Court which has been denied. By the Order impugned Court below has rejected the application for D.N.A. test of iniuor. In suitable cases if party denied for D.N.A. test then adverse ULference caa be drawn but ia the present case Court below has dismissed fhe application ffled on toehalf of fhe petltioner/appUcant/appeUant. Consequenfty, order requires inodification. Petitioner is directed to ffle fi«sh •2-- <2^ .^ application for D.N.A. test before the Court below and afber hearing the application Court below inay pass the order for D.N.A. test ofthe respondents failiTig such test adverse infercnce may be drawn s^ainst the parily ia accordaace with law. It is ruade clear that no coercive proccdure be adopted for D.N.A. test of fhe respondents witfa fhese observation and niodi&cation petltion stauds disposed o£ Noorder as to costs. T.P. Sharma \ Judge ^/?s\