MISS MUMAL RAIKA AND ANOTHERS Vs. SECRETARY

JUDGEMENT

(1.) This second appeal has been preferred by the appellant against the judgment and decree dated 26.5.2016 passed by learned District Judge, Chittorgarh (hereinafter referred to as 'the first appellate court') in Civil Appeal No.16/2016 dismissing the appeal filed by the appellant and confirming the judgment and decree dated 16.12.2015 passed by learned Additional Senior Civil Judge No.1, Chittorgarh (hereinafter referred to as 'the trial court') in Civil Original Suit No.16/2015 decreeing the suit for declaration and mandatory injunction regarding change of date of birth filed by the plaintiff-respondent No.1.

(2.) Briefly stated facts of the case are that the plaintiffrespondent No.1, being minor, filed a civil suit through her natural guardian/father before the Court of Additional Senior Civil Judge No.1, Chittorgarh against the defendants on 16.10.2014 for declaration and mandatory injunction with the prayer that her suit be decreed and the appellant and relevant schools be directed to record the plaintiff's correct and actual date of birth as 3.1999 in place of 15.10.2000 in her entire educational record with the appellant and relevant schools.

(3.) After receiving notice, the appellant and other defendants filed their written statements before the learned Trial Court and denied all the contentions of plaintiff-respondent No.1.