CHIEF GENERAL MANAGER STATE BANK OF INDIA CIRCLE TOP HOUSE 21 RAJAJI SALAI CHENNAI Vs. M BALAKRISHNAN

JUDGEMENT

(1.) SECOND defendant in O.S.No. 13752 of 1996, on the file of the V Assistant City Civil Judge, Madras, is the appellant herein.

(2.) SUIT filed by plaintiff is for the following reliefs:- " ....to pass a decree (a) declaring that the correct date of birth of the plaintiff is 13.7.1941; (b) granting a mandatory injunction directing the defendants 1 and 2 to amend the date of birth of plaintiff as 13.7.1941 in the records maintained by the 1st defendant in the Secondary School Leaving Certificate and all also on the service register of the plaintiff maintained by the 2nd defendant respectively; (c) to direct the defendants to pay the costs; and (d) to pass such or other reliefs as this Hon'ble Court may deem fit and proper in the interest of justice."

(3.) THE matter was taken in appeal as A.S. No. 149 of 1999, on the file of III Additional Judge, City Civil Court. Madras. THE lower appellate Court reconsidered the entire evidence and held that the decision of the trial Court is wrong. It declared that the plaintiff was born on 13.7.1941, and not on 16.2.1940, and consequently it held that he is entitled to continue in service till he attains the age of 60. It relied on Ex.A-3 as a relevant piece of evidence to find that the date of birth of plaintiff entered in the Service Register is not correct, and that the same has been proved by P.Ws.2 and 3 taken along with the evidence of P.W.1 (plaintiff). THE suit was decreed. THE same is challenged in this second appeal, on the following substantial questions of laws:- "(1) Whether the lower appellate Court is right in rejecting the contention of the appellant herein that the suit is barred by limitation? (2) Whether the lower appellate court is right in decreeing the suit and declaring the date of birth as 13.7.l94l? (3) Whether the lower appellate Court has not erred in reversing the findings, judgment and decree of the trial Court in O.S. No.13752 of 1996 (4) Whether the lower appellate Court was right in relying on Ex.P-3, the birth certificate and rejecting the evidence viz., SSLC Book and the declaration given by the 1st respondent/plaintiff of his date of birth as 16.2.1940 at the time when he joined the duty?MADRAS (5) Whether the lower appellate Court is right in rejecting the documentary evidence i.e. Ex.B-2. B-3 and B-4 viz., the circulars issued by the appellant Bank and whether the same is not binding on the Bank and the employee, i.e., the 1st respondent plaintiff herein? (6) Whether the first respondent/ plaintiff is entitled to the relief of declaration of his date of birth and re-employment and continuation in employment?"MADRAS