M/S TATA MOTORS LTD.(PRESENTLY KNOWN AS TATA ENGINEERING AND LOCOMOTIVE COMPANY LTD) Vs. MADUMALA GABRIAL

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) Learned Court of Additional Civil Judge (Jr. Div-XIII), Jamshedpur in Title Suit No. 73 of 2008 by the impugned order dated 17.11.2014, Annexure-5, rejected the petition of the petitioner herein dated 07.08.2014 for recall of its order fixing the suit for final argument and allow cross-examination of the witnesses of the plaintiff, who were discharged without any cross-examination. Defendant-petitioner has also sought to adduce evidence in support of his case.

(3.) As the sequence of facts noticed from the records and the impugned order show that plaintiff had instituted a suit for declaration that his date of birth in the School Leaving Certificate dated 109.1940 is correct and valid and the same is binding upon the parties. It also sought declaration that his date of birth is manipulated by the official of the defendant company as 27.01.1936 and they have annexed the forged and manipulated one. Plaintiff-petitioner sought consequential benefits on the basis of the such declaration of his School Leaving Certificate.