MANSINH AMARSINH DEVDHARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Second Appeal is preferred under Sec. 100 of the Code of Civil Procedure against the judgment and th decree passed by the 6 Additional District Judge, Surat in Regular Civil Appeal No. 53 of 2018, whereby the appeal filed by the appellant who is original-plaintiff, came to be dismissed and the judgment and decree passed by the learned Senior Civil Judge, Surat in Regular Civil Suit No.385 of 2012 came to be confirmed.

(2.) The appellant is the original-plaintiff and the respondent is the original-defendant before the learned Trial Court. For the brevity and convenience, the parties are referred to in this Judgment as per the status assigned to them before the Trial Court.

(3.) The plaintiff has filed the suit for declaration to the effect that his son, Jitendrasingh Mansingh Devdhara was missing from Surat since 31/1/1984 and could not found till the date of filing of the suit. It is alleged that necessary janvajog entry dtd. 5/2/1984 came to be given by Takhatsingh M. Devdhara before the Rander Police Station and the public notice in daily newspaper regarding missing of Jitendrasingh was published on 7/2/1984. According to the plaintiff, since the date of missing of his son, he has not heard any news about his missing son and about his aliveness. Therefore, the plaintiff has filed suit for declaration that his son has died and necessary entry to that effect may be made by the Surat, Nagarpalika in its record and for passing decree in his favour.