The petitioner challenged an interlocutory order rejecting a DNA test application in a title suit that had already been disposed of. The Court held the petition infructuous as the substratum ceased to exist and disposed of the matter, directing the petitioner to raise issues in a pending appeal against the final decree.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.1674 of 2017
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Md. Azam Alam Son of Jahiruddin, Resident of Village-Domohani, P.S.Bahadurpur, District-Kishanganj.
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Durga Nand Jha, Advocate For the Respondent/s : Mr. Dilip Kumar Singh, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
learned counsel for the respondents.
Patna High Court C.Misc. No.1674 of 2017(4) dt.13-02-2025 2/3
petitioner submits that vide the impugned order the application dated 20.01.2017 filed by the petitioner seeking DNA test of the child of respondent no.1 has been rejected. Learned counsel further submits that against the final order of Title Suit No. 13 of 2016, Misc. Appeal No. 113 of 2020 has been preferred before this Court which is pending in this Court and till disposal of the said miscellaneous appeal, the present petition be kept pending. Alternatively, the present petition may be tagged with the said miscellaneous appeal since the impugned order has merged with the final order.
Patna High Court C.Misc. No.1674 of 2017(4) dt.13-02-2025 3/3
merely an interlocutory order.
the same is disposed of as such. The petitioner is at liberty to raise all issues before the Appellate Bench in accordance with law.
(Arun Kumar Jha, J)
balmukund/-
U
Md. Azam Alam
Sahista Begam
Anjami Begam
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
