ROHIT Vs. CENTRAL BOARD SECONDARY EDUCATION

JUDGEMENT

(1.) Plaintiff-Appellant is challenging concurrent judgments and decrees passed by both the courts below whereby his suit seeking mandatory injunction for correction in his date of birth from 13.8.1990 to 16.8.1990 in respect of Matriculation Certificate has been dismissed vide judgment and decree dated 22.8.2012 passed by learned Civil Judge (Jr. Division), Talwandi Sabo and the findings affirmed in appeal by the lower Appellate Court vide judgment and decree dated 13.2.2015.

(2.) Plaintiff instituted the suit on the premise that due to inadvertence, his date of birth in Matriculation Certificate was recorded to be 13.8.1990 instead of 16.8.1990. He approached the defendants-respondents in this regard but in vain.

(3.) Upon notice, the defendants appeared and filed written statement objecting that the suit of plaintiff is not maintainable as he sought mandatory injunction without seeking declaration and that the suit was barred by limitation. They averred that the plaintiff passed Matriculation Examination in the year 2006 and the Certificate was issued in May 2006 whereas the suit was filed after expiry of four years whereas any correction in date of birth of candidate in case of genuine clerical error could be made within two years of date of declaration of result.