MUNICIPAL COMMITTEE Vs. LAL CHAND

JUDGEMENT

(1.) THIS present second appeal is directed against the judgment of the learned first Appellate Court dated 3rd October, 1994.

(2.) THE necessary facts are that plaintiff Lal Chand filed a suit for declaration that he had come to know of his actual date of birth recently to be 14. 1. 1938 and not 19. 2. 1936 as recorded in his service record with the appellant-committee. His representation for correction in the date of birth in his service record was rejected by the Municipal Committee, thus, giving rise to the filing of the suit. The Committee had, contested the suit. It raised objection with regard to very maintainability of the suit being barred by time and that the plaintiff was estopped from filing the suit. In addition to this it contested the suit on merits also. The learned trial court framed the following issues : 1. What is the date of birth of the plaintiff ? O. P parties. 2. Whether the figures of the date of birth 9. 3. 1936 does not reflect the true date and as such the same is liable to be changed to that of 14. 1. 1938? OPP.

(3.) WHETHER the plaintiff is estopped from filing the present suit? OPD.