REGIONAL PASSPORT OFFICE Vs. JARISA SAVUR

JUDGEMENT

(1.) This appeal is taken up for final disposal at the time of admission.

(2.) I have heard the appellant's counsel. Respondent has been served with notice of this appeal, he is absent. Actually on 07.02.2019, the case was adjourned to see that the respondent would appear and argue his case.

(3.) The appellant is the defendant in the suit O.S.No.25510/2015 on the file of XIII Additional City Civil and Sessions Judge, Mayohall Unit, Bengaluru. The suit was filed by the respondent seeking declaration that his correct date of birth is 01.06.1963 and for a direction to the appellant/defendant to carryout necessary corrections in his passport bearing No. L9888615. The respondent in his plaint pleaded that his correct date of birth is 01.06.1963. On 12.03.1990, he was issued with a passport bearing No. HI09005. In the said passport his date of birth is shown as 01.06.1963. Since he did not get it renewed well within time, it expired and subsequently he obtained another passport bearing No. B1912811 on 05.07.2000. In the said passport also his date of birth is shown as 01.06.1963. He could not get it renewed and therefore it also lapsed. Thereafter the respondent applied for another passport through an agent giving his date of birth as 25.05.1973 and he made an affidavit stating that his date of birth is 25.05.1973. He was issued with a passport bearing No. L9888615 dated 02.07.2014. On 07.04.2015 the respondent made a representation to the appellant to carryout necessary corrections in his passport with regard to date of birth. It is stated that the appellant issued a letter to him on 30.04.2015 directing him to get an order from the Court and hence he filed the suit.