LAWS(P&H)-2019-7-226

DHARAM PAL Vs. HARYANA BOARD OF SCHOOL EDUCATION

Decided On July 30, 2019
DHARAM PAL Appellant
V/S
Haryana Board Of School Education Respondents

JUDGEMENT

(1.) This regular second appeal is directed against the judgments and decrees passed by the Courts below vide which suit of the plaintiff Dharampal, who is appellant before this Court against Haryana Board of School Education, Haryana, Bhiwani through its Secretary - defendant - respondent had been dismissed.

(2.) Briefly stated, facts of the case are that plaintiff Dharampal had brought the suit in question on the averments that in his birth certificate his date of birth is recorded as 28.12.1960 but inadvertently the date of birth mentioned in his certificates issued by the defendant - Board is 18.7.1958 which is liable to be corrected; that the plaintiff came to know about this error on 18.7.2000; that earlier also he had filed a Civil Suit No.462/2000 dated 27.11.2000, which was dismissed on 2.5.2003; that an appeal was preferred against dismissal of that suit, which was

(3.) withdrawn due to technical defects with permission to file fresh legal proceedings vide order dated 19.3.2015; thereafter Civil Suit No.61/1 of 2015 was filed. Notice of the suit was given to defendant but defendant did not appear despite service and was proceeded against ex parte.