STATE OF KARNATAKA Vs. VISHWANATHA RAO

JUDGEMENT

(1.) A batch of Second Appeals have come up for hearing. These appeals relate to the question of declaration of the correct date of birth of the plaintiffs concerned in those appeals. As, on the discussion, it was found that a common question of law was likely to arise in all these appeals, the Court invited members of the Bar whether or not appearing in any of these cases, to assist the Court. Some of the Advocates of a number of years standing, did assist the Court. The Court is thankful to them.

(2.) The appellants in this appeal were the defendants in the Trial Court. The Respondent plaintiff filed the suit in question for declaration that his correct date of birth is 9-11-1956 and not 10-12-1954 as noted in the School records of the defendants pertaining to him. He prayed for costs of the suit.

(3.) The plaintiff averred in the plaint that he was born in his parents house on 9.11.1956; completed his early education in Government Primary Boys School, Shiralkoppa and then joined Middle School at Shiralkoppa. He completed his studies in High School and in Municipal Secondary School Shiralkoppa and completed his S.S.L.C. in the National Multi Purpose Higher Secondary School, Shimoga, in the year 1971. He completed his P.U.C. and passed his B.A., degree in 1979. He has gone on to narrate other facts which would not be, in my opinion, very material for a decision in this appeal. According to him, he reasonably suspected that his date of birth had been wrongly entered and this had happened in the first week of June 1981. He searched for the horoscope and on verifying the same, he found out that his correct date of birth was 9.11.1956 and not 10 12.1954. He went to the Taluk office to have an authenticated public document, but found that his date of birth was not entered in the Birth Register maintained in the Taluk office. He therefore, issued a notice under Section 80 of the Code of Civil Procedure dated 31-7-1981 and got the same served on the defendants. According to him, the cause of action arose in the first week of June 1981 when he noticed the mistake.