BOARD OF SCHOOL EDUCATION, J&K Vs. FIRDOUS IQBAL

JUDGEMENT

(1.) MOTION for admission of this Civil Second Appeal has been made by counsel for the appellant i.e. Board of School Education and arise out of a suit having been filed by the plaintiff/respondent in the court of Sub -Judge, Sopore which came to be numbered as civil suit No. 704 of 17 -11 -1994 and decided on 4 -5 -1995. The suit was for declaration to the effect that the actual date of birth of the plaintiff is 14 -12 -1963 whereas it is recorded in the school records as 12 -4 -1962.

(2.) PLAINTIFF has based his suit on the plea that as because his father Javid Iqbal had married his mother on 9 -12 -1962, how was it that he was born before the marriage of his parents was performed and, as such, has projected that it was inadvertently that the date of birth has been recorded.

(3.) LD . Trial court after having issued summons to the respondents/Chairman / Secretary, J&K State Board of School Education, Srinagar by registered post and having awaited for a pretty long time had presumed that the defendants having knowledge of the suit, have not appeared in the court, as such, the defendants/appellants were proceeded exparte and the evidence was recorded in exparte, which had resulted in the passing of exparte decree and judgment on 4 -5 -1995. The defendant/appellant after having got the knowledge of this decree having been passed, seem to have moved an application for setting aside the exparte decree under the provisions of Order 9 Rule 13 of Civil P.C. on