Bangalore District Court
Kathyayini K.Krishna vs ) The Secretary on 18 December, 2018
IN THE COURT OF XXXIX ADDITIONAL CITY CIVIL JUDGE
BANGALORE CITY
Dated on this the 18th day of December 2018
-: Present :-
Sri. Khadarsab, B.A., LL.M,
XXXIX Additional City Civil & Sessions Judge,
Bangalore City.
Original Suit No.3661/2017
Plaintiff:
Kathyayini K.Krishna, 7 Years,
D/o.Krishnappa.K.E. S/o.Heeragudiyappa,
Being minor represented by her father
natural guardian Krishnappa K.E.,
R/o.No.160/B, Near A.G.S. Layout,
Ittamadu Road, Bengaluru - 560 061.
[By Sri. K.C.Prabha, Advocate]
/ VERSUS /
Defendants:
1) The Secretary, Government of
Karnataka, Department of
Education, Vidhana Soudha,
Bengaluru- 560 001.
2) The Block Educational Office,
Department of Public Instructions,
South Zone-I, Shankara Matt Road,
Shankarapuram, Bengaluru - 004.
/2/ O.S.No.3661/2017
3) The Principal, Carmel School,
Padmanabhanagara, Banashankari
II Stage, Bengaluru - 560 070.
[Defendants No.1 and 2 - Ex-parte.
Sri.G.S.K., Advocate for D.No.3.]
Date of Institution of the suit : 03.06.2017
Nature of suit : Suit for declaration
Date of commencement of : 23.02.2018
evidence
Date on which the judgment is : 18.12.2018
pronounced
Years Months Days
Duration taken for disposal :
01 06 15
***
JUDGMENT
This is a suit filed by the plaintiff against the defendants for the relief of declaration to declare that the name of the plaintiff is Adwika.K.Krishna and for consequential relief of mandatory injunction.
2. The brief facts of the plaintiff's case are that, the plaintiff is studying in the defendant No.3's school in /3/ O.S.No.3661/2017 first standard. The parents of the plaintiff have admitted the plaintiff in the defendant No.3's school. In the defendant No.3's school, the name of the plaintiff is mentioned as Kathyayini K.Krishna. The parents of the plaintiff are great believers of astrology and numerology. The parents of the plaintiff approached the astrologer/numerologist and the said astrologer/ numerologist advised to the parents of the plaintiff for changing the name of the plaintiff from Kathyayini K.Krishna to Adwika K.Krishna. As per the advise of the astrologer/numerologist the parents of the plaintiff approached the second and third defendants for making necessary changes in all the academic records maintained by the defendant No.2 and 3 as regards to the change of plaintiff's name from Kathyayini K.Krishna to Adwika K.Krishna. Though the defendants No.2 and 3 have agreed to effect the changes in all the records maintained /4/ O.S.No.3661/2017 by them in connection with plaintiff's school records, but they have not changed the same. Therefore, the parents of the plaintiff got issued legal notice as contemplated under Section 80 of C.P.C. on 1.3.2017 to the defendants calling upon them to make necessary changes in the school records maintained by them. Though the said notice has been duly served on the defendants, but the defendants have failed to make necessary changes in the school records. Therefore, the plaintiff prays for decreeing the suit.
3. The defendants No.1 and 2 did not appear before the Court inspite of service of summons. Hence, they are placed ex-parte. The defendant No.3 appeared through its counsel and has filed its written statement contending that the suit of the plaintiff is false, frivolous and vexatious and not maintainable in the eye of law. The defendant No.3 further contended that the name of the /5/ O.S.No.3661/2017 plaintiff has been entered in the school records as per the instructions given by the parents of the plaintiff. The defendant No.3 further contended that the suit of the plaintiff is not maintainable, hence, prays for dismissal of the suit.
4. On the basis of pleadings, documents of both the parties, my predecessor in office has framed the following issues on 22.1.2018 : -
1) Whether the plaintiff is entitled for declaration as sought?
2) Whether the plaintiff is entitled for the relief as sought ?
3) What order or decree?
5. In order to establish the plaintiff's case, the natural guardian - father of the plaintiff examined himself as P.W.1 and got marked 12 documents as per Exs.P.1 to P.12. The defendant No.3 has not adduced any evidence /6/ O.S.No.3661/2017 on its behalf, but has produced Exs.D.1 to D.3 by confronting the P.W.1.
6. Heard arguments on both sides.
Iso
7. My findings on the above issues are as follows:
Issue No.1 : In the negative. Issue No.2 : In the negative. Issue No.3 : As per final order, for the following:
REASONS
8. Issues No.1 and 2 :- Plaintiff has filed the suit for declaration to declare that the name of the plaintiff is Adwika K.Krishna. It is the case of the plaintiff that the plaintiff is studying in defendant No.3's school in first standard. The name of the plaintiff is mentioned in the defendant No.3's school as Kathyayini K.Krishna. But, the parents of the plaintiff are great believers of the astrology /7/ O.S.No.3661/2017 and numerology. The family astrologer/numerologist advised the parents of the plaintiff for changing the name of the plaintiff from Adwika K.Krishna to Kathyayini K.Krishna. Accordingly, the parents of plaintiff requested the defendants No.1 and 2 for changing the name of the plaintiff in her school records. Though the defendants No.2 and 3 agreed to change the name of the plaintiff, but they have not changed the same. Therefore, the parents of the plaintiff got issued lawyer's notice on 1.3.2017 to all the defendants calling upon them to make necessary changes in the school records of the plaintiff maintained by them. Though the said notice has been duly served upon the defendants, but, the defendants failed to make necessary changes in the school records of the plaintiff. In order to substantiate the case of the plaintiff, the father of the plaintiff has been examined as P.W.1 and P.W.1 produced Exs.P.1 to P.12 documents. P.W.1 in his /8/ O.S.No.3661/2017 examination-in-chief reiterated the plaint averments. I have gone through the documents relied by the plaintiff i.e., Ex.P.1 and P.2 are the legal notices dated 1.3.2017 and 15.3.2017. Ex.P.3 and 4 are the unserved postal covers. Exs.P.3(a) and 4(a) are the contents of Exs.P.3 and P.4 respectively. Ex.P.5 are the four postal receipts. Ex.P.6 are the 3 Postal acknowledgments. Ex.P.7 is the Birth Certificate issued by BBMP dated 14.12.2010. Ex.P.8 is the Birth Certificate issued by BBMP dated 6.6.2016. Ex.P.9 is the Numerological Report. Ex.P.10 is the Progress Card issued by Carmel School, Bengaluru. Ex.P.11 is the attested copy of Aadhaar Card of father of plaintiff. Ex.P.12 is the attested copy of Aadhaar card of plaintiff.
9. P.W.1 in his cross-examination clearly admitted that while admitting the plaintiff to the school, he himself mentioned the name of the plaintiff as Kathyayini K.Krishna in the admission form. P.W.1 further admitted /9/ O.S.No.3661/2017 that on the basis of Ex.D.1 - Application for admission and Ex.D.2 - Birth Certificate of the plaintiff the school authority have entered the plaintiff's name in school records. These admissions clearly establishes the fact that there is no fault on the part of the defendant. Even though Ex.P.8 shows the name of the plaintiff as Adwika K.Krishna, it has to be borne in mind that the said document is subsequent document. It is the case of the plaintiff that the family astrologer/numerologist advised the change of the plaintiff's name and issued the report as per Ex.P.9. In order to substantiate the plaintiff's contention, the said astrologer/numerologist has not been examined. Besides, the plaintiff has not at all produced any oral or documentary evidence in order to show that if the plaintiff's name is not changed, then she would be put to hardship. Further plaintiff has not produced any documents to show that her name was recognized as /10/ O.S.No.3661/2017 Adwika K.Krishna and defendants have wrongly mentioned her name as Kathyayini K.Krishna.
10. Though as per Section 34 of the Specific Relief Act declaration of name is a civil right and Civil Court has got jurisdiction, but plaintiff has to establish her case. In this case, the plaintiff has utterly failed to establish the fact that her name is Adwika K.Krishna.
11. Besides, there is no cause of action for the plaintiff to file the present suit. The act of the plaintiff by filing the suit is indirectly mis-using the Government machinery. Besides, as discussed supra, the plaintiff has failed to adduce evidence of the said astrologer. In this regard, as per Section 114 (g) of the Indian Evidence Act, non-examination of vital witness attracts an adverse presumption against the plaintiff. Therefore, the non- examination of the said astrologer in this case is fatal to /11/ O.S.No.3661/2017 the plaintiff's case. Hence, the plaintiff has failed to prove that she is entitled for the relief of declaration and injunction as sought in the plaint. Hence, I answer Issues No.1 and 2 in the negative.
12. Issue No.3:- In view of my finding on points No.1 and 2, I proceed to pass the following:
ORDER Suit filed by the plaintiff against the defendants is hereby dismissed.
No order as to costs.
Draw decree accordingly.
(Dictated to the Judgment Writer, typed directly on computer, script corrected, signed and then pronounced by me in the open court, this the 18th day of December, 2018.) (Khadarsab) XXXIX Additional City Civil & Sessions Judge, Bangalore City.
***
/12/ O.S.No.3661/2017
ANNEXURE
1. List of witnesses examined for plaintiff:
P.W.1 : Krishnappa K.E.
2. List of documents exhibited for plaintiff :
Ex.P.1 & 2 : Legal notices dated 1.3.2017 and 15.3.2017.
Ex.P.3 & 4 : Userved postal covers.
Exs.P.3(a) & 4(a): Contents of Exs.P.3 and P.4 respectively.
Ex.P.5 : 4 postal receipts.
Ex.P.6 : 3 Postal acknowledgments.
Ex.P.7 : Birth Certificate issued by BBMP dated 14.12.2010.
Ex.P.8 : Birth Certificate issued by BBMP dated 6.6.2016.
Ex.P.9 : Numerological Report.
Ex.P.10 : Progress Card issued by Carmel School, Bengaluru.
Ex.P.11 : Attested copy of Aadhaar Card of father of plaintiff.
Ex.P.12 : Attested copy of Aadhaar card of plaintiff /13/ O.S.No.3661/2017
3. List of witnesses examined for defendant No.3 :
- NIL -
4. List of documents exhibited for defendant No.3 :
Ex.D.1 : Copy of Admission Application. Ex.D.2 : Copy of Birth Certificate. Ex.D.3 : C/c of Admission register.
(KHADARSAB) XXXIX Additional City Civil & Sessions Judge, Bangalore City.
***
/14/ O.S.No.3661/2017
05.12.2018
P - PPJ
D - Ex-parte
Judgment pronounced in the open Court (Vide separate Judgment) ORDER Suit filed by the plaintiff against the defendants is hereby dismissed. No order as to costs.
Draw decree accordingly.
(Khadarsab) XXXIX A.C.C & S. Judge, Bangalore City.