MOHAMMED SABIR Vs. A. P. MUMTHAZ

JUDGEMENT

(1.) Petitioner herein is aggrieved by the order dated 11/6/2019 of the Munsiff Court, Thalasserry in an unnumbered suit.

(2.) According to the petitioner herein, he obtained MBBS Degree from a college in the year 2018. His name is shown in the Register maintained before the Registrar of Births and Deaths, Thalassery Municipality as "Mohammed Sabir". He is also the holder of Indian passport No.T2018598 dated 19/3/2019, wherein his name is shown as "Acharath Parakkat Mohammed Sabir". He had applied for post graduate medical course of US Medical Licensing Examination. His application was rejected on the ground that the name of the petitioner as shown in the medical degree certificate and the passport does not match. He was called upon to produce a court order clarifying that both the names related to one and the same person. Hence, he filed a suit before the Munsiff Court, Thalassery for a declaration to the effect that "Mohammed Sabir" and "Acharath Parakkat Mohammed Sabir" are one and the same person. The above plaint was returned as unnumbered by the learned Munsiff by order dated 11/6/2019 on the ground that the relief sought in the plaint does not fall under section 34 of the Specific Relief Act. This is under challenge in this original petition.

(3.) Heard the learned counsel for the petitioner and the learned counsel for the contesting respondents.