BOARD OF SCHOOL EDUCATION, J&K Vs. JANAK SINGH

JUDGEMENT

(1.) THIS Civil Second Appeal arising out of the decree and judgment of the 1st Additional District Judge, Jammu was heard by Nazki J. (as his Lordship then was who by his order dated 06 -02 -1995 made the following reference: -

(2.) THE facts giving rise to this appeal are that the plaintiff (respondent herein) instituted a suit for declaration to the effect that his actual date of birth was 25 -4 -42 and not 25 -4 -1938, as entered in his Matriculation certificate and service record. Though number of issues came to be framed by the trial court, but the judgment and decree has been challenged mainly on the ground that the suit was barred by limitations and the finding of the trial court as also the 1st Appellate court on issue No: 3 is erroneous. While returning the finding on issue No:3, the trial court (Sub -Judge, Judge) held as under: -

(3.) WE find the learned Sub -Judge, Jammu has failed to apply the law even after admitting that the plaintiff came to know about the wrong entry of his date of birth in the year 1956. By doing so, he has ignored the mandate of Article 67 of the Limitation Act, which reads as under: -