Allowed

Jayanth Govind Singh v. Karnataka Secondary Education

Karnataka HC10 Nov 2023RFA/46/2019

Case brief

AI extract

What is this about?

Court allowed this appeal against a trial court judgment that dismissed a suit for declaration of correct name and consequential rectification of birth and academic certificates. Evidence of correct name via Aadhar and passport was unchallenged.

What did the court decide?

Impugned judgment set aside; Suit decreed with direction to draw up decree for rectification of name in respondent records.

Jayanth Govind Singh Vs Karnataka Secondary… — Education and Admissions | Karnataka HC (2023)

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1 - NC: 2023:KHC:40548 RFA No. 46 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 46 OF 2019 (DEC)

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BETWEEN:

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JAYANTH GOVIND SINGH, S/O. GOVIND SINGH, AGED ABOUT 21 YEARS, R/AT NO.3, GG LANE, NAGARTHPET, BENGALURU NORTH, BENGALURU - 560 002.

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…APPELLANT

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(BY SRI. SHASHIKALA K.C, ADVOCATE)

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AND:

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KARNATAKA SECONDARY EDUCATION EXAMINATION BOARD, REPRESENTED BY ITS SECRETARY, MALLESHWARAM, BENGALURU - 560 003.

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DIRECTOR, DEPARTMENT OF PRE UNIVERSITY EDUCATION, MALLESHWARAM, BENGALURU - 560 003.

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Digitally signed by SUCHITRA M J Location: High Court of Karnataka

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REGISTRAR OF BIRTHS AND DEATHS, CHURA GRAM, TAHASAL DISTRICT, JALORE, RAJASTHAN - 343 001.

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…RESPONDENTS

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(BY SRI. MAHANTESH SHETTAR, AGA)

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THIS RFA IS FILED UNDER SECTION 96 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 04.09.2018 PASSED IN O.S.NO.225/2018 ON THE FILE OF THE V ADDITIONAL CITY CIVIL JUDGE, BANGALORE, DISMISSING THE SUIT FOR DECLARATION.

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THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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NC: 2023:KHC:40548 RFA No. 46 of 2019

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JUDGMENT

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This appeal is directed against the impugned judgment and decree dated 04.09.2018 passed in O.S.No.225/2018 by the V Addl. City Civil Judge, Bangalore, whereby the said suit filed by the appellant – plaintiff was dismissed by the trial court.

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Heard learned counsel for the petitioner and learned AGA

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for the respondents and perused the material on record.

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The material on record discloses that the appellant – plaintiff instituted the aforesaid suit inter alia contending that his actual name was “Jayanth Govind Singh” as reflected in his Aadhar card, passport and other documents. However, in his birth certificate, SSLC certificate and PU certificate, the plaintiff’s name has been mistakenly / wrongly mentioned as Jayantilal G and in order to get it rectified, the attempts made by the plaintiff in this regard did not yield the required results and as such, the plaintiff filed the instant suit for declaration that his name as ‘Jayanth Govind Singh’ and for consequential directions to the respondents - defendants to accordingly, rectify his name in their records and to issue fresh certificates in his favour. The respondents – defendants were placed ex-parte and did not contest the suit. The

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NC: 2023:KHC:40548 RFA No. 46 of 2019

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trial court permitted the plaintiff to examine himself as PW-1 and documentary evidence at Exs.P1 to P5 having been marked by him, the trial court dismissed the suit by passing the impugned judgment and decree, which is assailed in the present appeal.

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A perusal of the impugned judgment and decree will indicate that the trial court failed to consider and appreciate the unimpeached, unchallenged and uncontroverted pleadings and evidence of the plaintiff, which conclusively establish that his name was wrongly shown in the birth certificate, SSLC marks card and PUC marks card as ‘Jayantilal G’ instead of ‘Jayanth Govind Singh’ as correctly shown and reflected in his Aadhar card and passport. Under these circumstances, I am of the view that the impugned judgment and decree passed by the trial court deserves to be set

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aside and the suit of the plaintiff deserves to be decreed in his favour.

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In the result, I pass the following:-

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ORDER

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(i) Appeal is hereby allowed.

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(ii) The impugned judgment and decree dated 04.09.2018

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passed in O.S.No.225/2018 by the trial court is hereby set aside.

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NC: 2023:KHC:40548 RFA No. 46 of 2019

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(iii) The suit of the appellant –plaintiff is decreed as prayed

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for.

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(iv) Registry is directed to draw up the decree accordingly.

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Sd/JUDGE

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NSU/SRL

Jayanth Govind Singh v. Karnataka Secondary Education

Case brief

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Jayanth Govind Singh v. Karnataka Secondary Education

Case brief

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