RAJENDRA PANDIT Vs. BHARAT COKING COAL LIMITED

JUDGEMENT

(1.) This appeal has been filed against the judgment and decree dated 30.7.2005 passed by Shri Nagendra Kumar, Additional District Judge -XIII, Dhanbad in Title Appeal No. 130 of 2004, confirming the judgment and decree dated 11.8.2004 passed by Shri K.K. Shukla, Additional Munsif, 2nd, Dhanbad in Title Suit No. 63 of 2001.

(2.) COUNSEL for the appellant submitted that the suit should have been decreed on the basis of the date of birth mentioned in the matriculation certificate etc., in terms of Instruction No. 76 of J.B.C.C.I. issued on 25.4.1988.

(3.) MOREOVER , during the pendency of the suit, the appellant filed a writ petition being W.P. (C) No. 5689 of 2001 for correction of his date of birth in which the following order was passed: -