(1.) This is a plaintiff's appeal, whose suit seeking correction of his name in the form of correction of spelling in his name and adding of initials to his name in the form of rectification in the school records of defendant No.4, in the trial Court came to be rejected. Aggrieved by the said order, the plaintiff in the trial Court has preferred this appeal.
(2.) The present appellant as a plaintiff filed a suit in O.S.No.1124/2013 against the present respondents in the Court of learned XVI Additional City Civil and Sessions Judge, Bangalore City (CCH-12) (hereinafter for brevity referred to as 'trial Court'). The summary of the case of the plaintiff in the trial Court was that the plaintiff and one Smt. Prathima Adiga are the father and mother of one Kum. Swathi Adiga, who at the time of institution of suit was studying in Pre-University Course. She completed Secondary School Leaving Certificate examination in the year 2011. The plaintiff's name was wrongly entered as 'Ananth Adiga' by omitting initial 'P.N.' and alphabet 'a' at the end of the name. The plaintiff made a representation to the defendant No.4 for rectification of his name in his daughter's school records. Defendant No.4 wrote a letter to defendant No.2. However, the said defendant No.2 rejected the request of defendant No.4. Thus, the plaintiff was constrained to institute the suit.
(3.) In response to the summons, it is only defendant Nos.1 to 3, who have filed their written statement. Defendant Nos.1 to 3 in their written statement contended that the suit of the plaintiff was not maintainable since, the same has been filed after long delay. It is further contended that as per the Circular issued by the Commissioner, Education Department, there is no provision to change of name.