2010 (2) TMI 1175 - HC - Indian Laws

Summary

Issues involved: Suit for declaration of paternity, rejection of DNA test application, appeal under Article 227, reference to Full Bench for hearing.

Issue 1: Suit for declaration of paternity
- The plaintiff filed a suit in the Court of Civil Judge to declare him as a son of the defendant.
- Defendant contested the suit by filing a written statement.
- Plaintiff moved an application for conducting a DNA Test, which was rejected by the trial court.

Issue 2: Rejection of DNA test application
- Plaintiff, aggrieved by the rejection, filed a writ petition under Article 227, which was dismissed.
- The plaintiff then preferred a Special Appeal, which was referred to a Full Bench for hearing.

Issue 3: Appeal under Article 227 and reference to Full Bench
- The Division Bench referred the appeal to the Full Bench due to the questions involved.
- The Larger Bench examined the order of reference and noted the absence of specific points or questions of law referred to it.
- Citing previous judgments, the Full Bench emphasized that it is required to answer only the questions formulated and referred to it.
- The Full Bench remitted the matter back to the Division Bench for deciding on merits.
- The Full Bench reiterated that it is bound to answer only the questions referred to it and nothing beyond that.
- The Full Bench refrained from answering the reference due to the absence of specific points or questions of law.
- The matter was remitted to the Division Bench for further proceedings.

Conclusion: The Full Bench emphasized the need to answer only the questions of law referred to it and remitted the matter back to the Division Bench for a decision on merits.