(1.) The defendant has come up in regular second appeal against the judgment and decree of the first appellate Court which reversed on appeal those of the trial Judge granting a declaration to the respondent/plaintiff that his correct date of birth is August 4, 1926 and not July 1, 1924 as entered in the service record.
(2.) The facts :-
(3.) On the pleadings of the parties, the following issues were framed by the trial Judge :-