PAWAN KUMAR Vs. CHANDER PAL GILL AND OTHERS

JUDGEMENT

(1.) The present regular second appeal is against the judgment and decree dated 06.01.2012 passed by the Civil Judge (Junior Division), Rohtak, whereby the suit of the plaintiff-appellant for declaration to the effect that he is son of Raj Singh and Smt. Bijendri Devi @ Bijender Kaur, resident of village Garhi Sisana, at present resident of House No. 1007, Sector 3, Rohtak and not of defendants No. 1 and 2 and further relief of mandatory injunction directing defendants No. 3 and 4 to make necessary corrections in the educational records of the plaintiff regarding his surname parentage for showing him as son of Raj Singh and Smt. Bijendri Devi instead of Pawan Kumar Gill son of Sh. Chander Pal Gill and Smt. Murti Devi was dismissed with costs. The appeal filed against the aforesaid judgment and decree of the lower Court was also dismissed.

(2.) Succinctly facts enumerated in the plaint are that plaintiff was born on 02.07.1983 in the village Garhi Sisana, District Sonepat and he is son of Sh. Raj Singh son of Sh. Mange and Smt. Bijendri Devi and when he took admission in the school, his name was got entered as Pawan Kumar Gill son of Sh. Chander Pal Gill and Smt. Murti Devi, defendants No. 1 and 2, maternal grandfather and grandmother of the plaintiff and it continued in educational records i.e. Middle Examination, Matriculation Examination, Senior Secondary Examination and Certificate of Engineering etc.

(3.) The cause of action to claim the relief of declaration, as per the plaintiff arose when he consulted his birth record in the office of Registrar (Death & Birth) as his actual date of birth was required by the Passport Authorities for going abroad, he came to know about the said mistake and accordingly sought declaration and injunction by filing civil suit ibid.