Correction in Date of birth

 

Correction in Date of birth

S. 42---Suit for declaration---correction of Date of birth in educational testimonials---Scope---Contention of plaintiff was that his Date of birth was 10-01-1986 instead of 10-09-1992---Suit was dismissed concurrently--- Validity--- Plaintiff through oral and documentary evidence had proved that his actual Date of birth was 10-01-1986 and not 10-09-1992---Documents produced by the plaintiff were official record and their authenticity could not be doubted---Findings recorded by the Trial Court were based on presumptions---Appellate Court without formulating points for determination had relied upon the stance of defendants and had not considered the impact of oral and documentary evidence of plaintiff---Both the Courts below had failed to exercise jurisdiction vested in them---Findings recorded by the Courts below were result of mis-reading and non-reading of evidence---Impugned judgments and decrees passed by the Courts below were set aside and suit was decreed---Revision was allowed in circumstances.

2018 YLRN 55