MANJUNATH Vs. THE HEAD MASTER JNANABHARATI VIDYAMANDIR PRIMARY AND HIGH SCHOOL, THE BLOCK EDUCATION OFFICER, THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTION AND THE DEPUTY COMMISSIONER

JUDGEMENT

(1.) THIS second appeal is by the unsuccessful plaintiff in O.S. No. 290/2010 on the file of the Civil Judge, Muddebihal, aggrieved by the concurrent judgments of the courts below dismissing the suit filed by him. The appellant filed suit seeking a declaration that his surname is 'Agasar' and for consequential relief of mandatory injunction to defendants directing them to effect necessary changes in his school records inter alia contending that he belongs to a family which has the surname of 'Agasar' and though at the time of his admission to the school, his father had furnished the correct surname as 'Agasar', the school authorities wrongly recorded his surname as 'Madivalar' instead of 'Agasar' and this error in mentioning the surname came to his knowledge very recently when he obtained necessary certificate for his personal activities after the death of his father and thereafter, when he approached Defendant No. 1 -Head Master of the Primary and High School, Muddebihal, with a request to make suitable corrections, it was refused, therefore, he has no option but to approach the court.

(2.) THE suit was contested by the respondents - defendants on various grounds including the maintainability of the suit contending that the suit is barred by time and the suit is bad for non -issuance of notice under Section 80 of CPC. The trial Court framed the following issues: - -

(3.) THE appeal filed by the plaintiff before the Lower Appellate Court came to be dismissed affirming the findings recorded by the trial Court on material issues. Aggrieved by the concurrent judgments of the courts below dismissing the suit, the plaintiff is in appeal before this court.