SARALA Vs. DIRECTOR OF SCHOOL EDUCATION MADRAS

JUDGEMENT

(1.) PURSUANT to the notice of motion ordered on 23. 12. 1994 in this second appeal, I have heard learned counsel for the plaintiff- appellant as well as learned counsel for the defendant- respondent. The plaintiff has failed in both the courts below.

(2.) THE suit is for declaring the correct date of birth of the plaintiff as 13. 11. 1937 in her S. S. L. C. Book and for a mandatory injunction directing the defendant to effect change of plaintiff's date of birth as 13. 11. 1937 instead of 28. 4. 1937.

(3.) I see great force in the contention of learned counsel for the respondent regarding the maintainability of the suit, particularly in the light of D. Arul Raj v. The Tamil Nadu Public Service Commission, (1973)1 l. W. 643 and the unreported judgment in S. A. No. 108 of 1958. I have also held similar view in my own judgment dated 21. 9. 1994 in a similar second appeal, viz. , S. A. No. 399 of 1994, which is also relied on by learned counsel for the respondent. There too, after referring to (1993)1 L. W. 645 and the above referred to old Sec. 42 and the present Sec. 34 (which is almost same as old sec. 42), I observed as follows: "so, such a declaration suit can be filed against any person denying or interested to deny plaintiff's title. In that context only, this Court held in the above referred S. A. No. 108 of 1958 as stated in (1993)1 L. W. 645 which also implicitly approved the said decision in the said second appeal. So, the present declaration suit, which also has been filed under the abovesaid Sec. 34 is not strictly maintainable, against the present defendant, viz. , the Director of School Education since long back the had left the school in 1968 itself and the defendant herein cannot be said to be in any way interested in denying the alleged correct date of birth of the plaintiff on the date when the suit has been filed in 1982. Now, the person who may be interested in denying the said date of birth is plaintiffs employer. But, the said employer has not been impleaded. "