Bangalore District Court
Dr Lakshmi Venkatesha vs The Chief Secretary Government Of ... on 16 March, 2024
KABC010265372023
IN THE COURT OF THE XXXI ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE (CCH-14) AT BENGALURU
Dated this the 16th day of March, 2023.
PRESENT:
Sri PRAKASH V., B.A.,(L), LLB.,
VIII Additional City Civil and Sessions Judge, Bengaluru.
Holding Concurrent Charge of the XXXI Additional City
Civil and Sessions Judge (CCH-14), Bengaluru.
ORIGINAL SUIT No.6373/2023
PLAINTIFF : Dr. Lakshmi Venkatesha,
D/o. S. Venkatesha,
Aged about 38 years,
Residing at No.42, Vasavi
Temple Road, V.V. Puram,
Bangalore - 560 004.
(By Sri V. Naveen Kumar, Advocate)
-VERSUS-
DEFENDANTS : 1. The Chief Secretary,
Government of Karnataka,
Vidhana Soudha, Bengaluru -
560 001.
2. The Secretary,
Primary and Secondary
Education, Department of
Eduction, Vidhana Soudha,
Bengaluru - 560 001.
3. The Commissioner,
Department of Public
Instructions, K.R. Circle,
Bengaluru - 560 001.
Cont'd..
-2- O.S. No.6373/2023
4. The Secretary,
S.S.L.C. Board,
Malleshwaram, Bengaluru -
560 003.
5. The Head Master,
Vijaya High School, No.32, 15th
Cross, Jayanagar III Block,
South End Circle, Bangalore -
560 011.
6. The Principal,
Vijaya Composite P.U. College,
No.32, 15th Cross, Jayanagar
III Block, South End Circle,
Bangalore - 560 011.
7. The Principal,
Vaidehi Institute of Medical
Sciences & Research Centre,
No.82, Nallurahalli, Whitefield,
Bangalore - 560 066.
8. The Principal,
Kempegowda Institute of
Medical Sciences, (KIMS), City
Market Road, Kalasipalya,
Bangalore - 560 004.
9. Rajiv Gandhi University of
Health Sciences, Karnataka,
4th 'T' Block, Jayanagar,
Bangalore - 560 041.
10. The Registrar,
Karnataka Medical Council,
No.16/6, Miller Tank Bed Area,
Vasanthanagar, Bangalore -
560 052.
(Defendant Nos.1 to 4 by IV
Additional District Government
Pleader, Bengaluru Urban
District, Bengaluru.)
(Defendant Nos.5 to 10:Ex-parte)
Cont'd..
-3- O.S. No.6373/2023
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Date of Institution of the Suit : 30-09-2023
Nature of the Suit : Declaration.
Date of the commencement : 04-03-2024
of recording of the evidence
Date on which the Judgment : 16-03-2024
was pronounced
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Year/s Month/s Day/s
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Total duration --year/s, 5 months, 16 days.
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(PRAKASH V.)
Holding Concurrent Charge of the
XXXI Additional City Civil and
An&/- Sessions Judge(CCH-14), Bengaluru.
JUDGMENT
This suit is filed by the plaintiff seeking to direct the defendants 4 to 10 to rectify the name of the plaintiff as 'Lakshmi Venkatesha' instead of 'Lakshmi V.' in all the educational records and certificates and for issuance of fresh marks cards and certificates by rectifying the name of the plaintiff as 'Lakshmi Venkatesha' instead of 'Lakshmi V.' and other reliefs.
2. The brief facts of the plaintiff's case, as per the plaint averments, are as under -
Cont'd..
-4- O.S. No.6373/2023 The plaintiff is the daughter of S. Venkatesha and Smt. V. Vibha and her birth has taken place on 17.2.1986 at Vaddrahalli, Bethmangala taluk, Kolar district. The entire education of the plaintiff - from Kindergarten to Masters - has been completed with her name 'Lakshmi V.' only. However, the plaintiff is used to be called and identified as 'Lakshmi Venkatesha' for all practical purposes. Therefore, the plaintiff has approached the defendants 4 to 10 requesting for rectification of her name as 'Lakshmi Venkatesha' instead of 'Lakshmi V.', - but the defendants have expressed their inability to do so and hence, she has issued a legal notice to the defendants on 11.9.2023 calling upon the defendants to rectify her name. Even though the said notices have been served on the defendants, the defendants have neither complied with the demand made in the notice nor have they sent any reply. Therefore, the plaintiff has instituted the instant suit.
3. After institution of this suit, the suit summons are ordered to be served to the defendants. On service of summons, the defendant Nos.5 to 10 have remained absent and hence, they have been placed ex-parte. The defendant Nos.1 to 4 have Cont'd..
-5- O.S. No.6373/2023 have appeared through the IV Additional District Government Pleader and filed written statement.
4. The brief averments of the written statement filed on behalf of the defendant Nos.1 to 4 are as follows - The suit of the plaintiff is not maintainable either in law on on facts. The allegations made in the plaint are all false, and the plaintiff is put to strict proof of the same. The suit is not maintainable for mis-joinder of parties and hence, the suit is liable to be dismissed. The defendants 1 to 4 denies that they have received any notice under Section 80(2) of the Code of Civil Procedure, 1908 and therefore, the suit is not maintainable for non-compliance of Section 80(2) of the Code of Civil Procedure, 1908. As per the circular issued by the commissioner of the Education Department, there is no provision to change the name of the plaintiff in her educational records. The suit is barred by limitation, as the suit has been filed after considerable time. There is no cause of action for filing the suit and requested for dismissal of the suit with cost.
5. On the basis of the above pleadings, the following Issues are framed -
ISSUES Cont'd..
-6- O.S. No.6373/2023 (1) Whether the plaintiff has made out sufficient grounds so as to change her name from 'Lakshmi V.' to Lakshmi Venkatesha' in the educational records?
(2) Whether the defendant Nos.1 and 2 prove that the suit of the plaintiff is bad for mis-joinder of party?
(3) Whether the defendant Nos.1 and 2 prove that the suit of the plaintiff is bad for non-issuance of notice under Section 80 of the C.P.C.?
(4) Whether the plaintiff are entitled for the relief?
(5) What order or decree?
6. In support of the case of plaintiff, the plaintiff No.1 got examined herself as P.W.1 and got marked documents as per Exs.P.1 to P.29 and closed her side.
7. The contesting defendant 1 to 4 have neither adduced any evidence nor produced any documents in support of their contention.
8. Heard arguments. Perused records.
Cont'd..
-7- O.S. No.6373/2023
9. My findings on the above Issues are as under -
ISSUE No.1 - Affirmative;
ISSUE No.2 - Negative;
ISSUE No.3 - Negative;
ISSUE No.4 - Affirmative;
ISSUE No.5 - As per final order, for the following -
REASONS
10. ISSUE No.1 : It is the definite case of the plaintiff that the plaintiff is the daughter of S. Venkatesha and Smt. V. Vibha and her birth has taken place on 17.2.1986 at Vaddrahalli, Bethmangala taluk, Kolar district; the entire education of the plaintiff - from Kindergarten to Masters - has been completed with her name 'Lakshmi V.' only; however, the plaintiff is used to be called and identified as 'Lakshmi Venkatesha' for all practical purposes; therefore, the plaintiff has approached the defendants 4 to 10 requesting for rectification of her name as 'Lakshmi Venkatesha' instead of 'Lakshmi V.', - but the defendants have expressed their inability to do so and hence, she has issued a legal notice to the defendants on 11.9.2023 calling upon the defendants to rectify her name; even though Cont'd..
-8- O.S. No.6373/2023 the said notices have been served on the defendants, the defendants have neither complied with the demand made in the notice nor have they sent any reply.
11. In order to prove these aspects, the plaintiff, who has been examined herself as P.W.1, filed her affidavit in lieu of examination-in-chief - in which also, she has once again reiterated the facts alleged in the plaint as stated above. In addition to the oral evidence, the plaintiff has produced documents such as Certificate issued by the Karnataka Secondary Education Examination Board - marked as per Ex.P.1; Certificate issued by the Department of Pre-University Education - marked as per Ex.P.2; 5 Statements of Marks issued by the Rajiv Gandhi University of Health Sciences - marked as per Exs.P.3 to P.7; Convocation Certificate of Bachelor of Medicine & Bachelor of Surgery issued by Rajiv Gandhi University of Health Sciences - marked as per Ex.P.8; Convocation Certificate of Doctor of Medicine (Paediatrics) issued by Rajiv Gandhi University of Health Sciences - marked as per Ex.P.9; Certificate of Registration issued by the Karnataka Medical Council - marked as per Ex.P10; Fellowship Certificate - marked as per Ex.P.11; notarized attested copy of Aadhaar card of the plaintiff - marked as per Cont'd..
-9- O.S. No.6373/2023 Ex.P.12; notarized attested copy of Passport of the plaintiff - marked as per Ex.P.13; office copy of the legal notice dated 11.9.2023 - marked as per Ex.P.14; postal receipts - marked as per Exs.P.15 and P.16; postal acknowledgements - marked as per Exs.P.17 to P.22; letter issued by the defendant No.6 college - marked as per Ex.P.23; certified copy of the admission register extract of the Pre-University Course issued by the defendant No.6 college - marked as per Ex.P.24 letter dated 16.11.2023 issued by the defendant No.5 institution - marked as per Ex.P.25; certified copy of admission register extract issued by the defendant No.5 institution - marked as per Ex.P.26; affidavit dated 5.3.2024 sworn to before the Notary Public - marked as per Ex.P.27 and Kannadaprabha Kannada daily newspaper and The New Indian Express English daily newspaper - both dated 6.3.2024 - marked as per Exs.P.28 and P.29.
12. I have carefully gone through the material available on record. A bare perusal of the certificates/marks cards, convocation certificate, admission register extracts, Aadhaar card etc., from S.S.L.C. up to Masters degree - which have been marked as per Exs.P.1 to P.12 and Exs.P.24 and P.26 - clearly go to show that in all those documents, name of the plaintiff Cont'd..
-10- O.S. No.6373/2023 has been appearing as 'Lakshmi V.' Further, it is the case and the contention of the plaintiff that since she has been called and identified as 'Lakshmi Venkatesha' and therefore, she wants that her name be changed from 'Lakshmi V.' to 'Lakshmi Venkatesha'. In this regard, a perusal of the documents produced and marked as per Ex.P.27 - which is the affidavit dated 5.3.2024 sworn to by the plaintiff before the Notary Public clearly shows that the plaintiff has changed her name from 'Lakshmi V.' to 'Lakshmi Venkatesha' and published the same in the Kannadaprabha Kannada daily newspaper and The New Indian Express English daily newspaper - both dated 6.3.2024 - marked as per Exs.P.28 and P.29. Therefore, without any hesitation, it can be held that the contention of the plaintiff that her name is 'Lakshmi V.' and that she got her name changed from 'Lakshmi V.' to 'Lakshmi Venkatesha', is true and correct. In this case, the defendants 5 to 10 have been placed ex-parte and the defendants 1 to 4, though appearing through and filed written statement, failed to contest the case by adducing oral evidence nor have they produced any documents in support of their contention, nor have they cross-examined the plaintiff and therefore, when the defendants 7 to 10 have been placed Cont'd..
-11- O.S. No.6373/2023 ex-parte and the contesting defendants 1 to 4 have failed to adduced evidence or cross-examined the plaintiff, it can safely be presumed that the case and the contention put forth by the plaintiff in this suit is true and correct. Accordingly, Issue No.1 is answered in the affirmative.
13. ISSUE NOs.2 AND 3: Since both these Issues are inter- related with each other, they are being taken up together for discussion at a stretch in order to avoid repetitive discussion of facts.
14. In this case, it is the contention of the defendants 1 and 2 - as has been contended in the written statement - that the suit of the plaintiff is bad for mis-joinder of parties and the suit of the plaintiff is bad for non-issuance of notice under Section 80 of the Code of Civil Procedure, 1908. However, the contesting defendants 1 to 4, except raising the said issues in their written statement, have neither stepped into the witness box and adduce evidence to lend credibility to the said issues, - nor have they produced any material and acceptable evidence, nor cross-examined P.W.1 on the said aspects also. When the defendants 1 to 4 have failed to do so, their Cont'd..
-12- O.S. No.6373/2023 contention touching those aspects cannot be considered. Accordingly, Issue Nos.2 and 3 are answered in the negative.
15. ISSUE No.4 : This Issue relates to the entitlement of the plaintiff for the relief claimed in the suit. Regarding entitlement of a person regarding change of name is concerned, as held by the Hon'ble High Court of Karnataka in the judgment in R.F.A. No.284/2014 (DEC) (Smt. Dorasanamma -versus- State of Karnataka and others), a person can change his/her name as per his/her wish and as per the Change of Name Act, if he/she swears to an affidavit regarding change of his name and by publishing information of change of name in a newspaper.
16. In this case, the plaintiff has produced the affidavit sworn to by her before the Notary Public dated 5.3.2024 - marked as per Ex.P.7, and also two newspapers viz., Kannadaprabha Kannada daily newspaper and The New Indian Express English daily newspaper - both dated 6.3.2024 - marked as per Exs.P.28 and P.29. I have gone through the said documents - which disclose that the plaintiff has sworn to an affidavit - Ex.P.7 expressing her willingness touching change of her name from 'Lakshmi V.' to 'Lakshmi Venkatesha' and published the same in the newspapers marked as per Cont'd..
-13- O.S. No.6373/2023 Exs.P.28 and P.29. Further more, here in the present case on hand, the plaintiff has not been seeking change of her name from one name to an altogether different name, - but she only seeks to expansion/replacing of her initial 'V' with 'Venkatesha' - which abbreviation depicts her father's name in her educational records. Therefore, the plaintiff are entitled for the relief of declaration to declare that the name of the plaintiff is 'Lakshmi Venkatesha' instead of 'Lakshmi V.' and for a direction to the defendants for incorporation of the changed name of the plaintiff as 'Lakshmi Venkatesha' instead of 'Lakshmi V.' in all her educational records and for issuance fresh marks cards/certificates etc., in accordance with the rules touching issuance of the same to the plaintiff.
17. ISSUE No.4 : For my reasons and discussion on the above Issues, I proceed to pass the following -
ORDER Suit of the plaintiff is decreed.
It is declared that the plaintiff's name is 'Lakshmi Venkatesha' instead of 'Lakshmi V.'.
The defendants are directed to incorporate the changed name of the plaintiff as 'Lakshmi Venkatesha' in the place of 'Lakshmi Venkatesha' Cont'd..
-14- O.S. No.6373/2023 in all the educational records of the plaintiff and issue fresh marks cards/certificates etc. to the plaintiff in accordance with the rules. In the circumstances of the case, there shall be no order as to cost.
Draw decree accordingly.
(Order dictated to the Stenographer Grade-I directly on the Computer, revised by me and after effecting corrections electronically, pronounced in open Court on this the 16 th day of March, 2024.) (PRAKASH V.) Holding Concurrent Charge of the XXXI Additional City Civil and An&/- Sessions Judge(CCH-14), Bengaluru.
ANNEXURE
1. WITNESS EXAMINED FOR THE PLAINTIFF:
Examined on:
P.W.1 : Dr. Lakshmi Venkatesha 04-03-2024
2. DOCUMENTS MARKED ON BEHALF OF PLAINTIFF:
Ex.P.1 : Certificate issued by the Karnataka Secondary Education Examination Board. Ex.P.2 : Certificate issued by the Department of Pre-
University Education.
Exs.P.3 : Five Statements of Marks issued by the Rajiv to P.7 Gandhi University of Health Sciences. Ex.P.8 : Convocation Certificate of Bachelor of Medicine & Bachelor of Surgery issued by Rajiv Gandhi University of Health Sciences. Ex.P.9 : Convocation Certificate of Doctor of Medicine Cont'd..
-15- O.S. No.6373/2023 (Paediatrics) issued by Rajiv Gandhi University of Health Sciences.
Ex.P.10 : Certificate of Registration issued by the Karnataka Medical Council.
Ex.P.11 : Fellowship Certificate.
Ex.P.12 : Notarized attested copy of Aadhaar card of the
plaintiff.
Ex.P.13 : Notarized attested copy of Passport of the
plaintiff.
Ex.P.14 : Office copy of the legal notice dated 11.9.2023.
Exs.P.15 : Postal receipts.
and P.16
Exs.P.17 : Postal acknowledgements. to P.22 Ex.P.23 : Letter issued by the defendant No.6 college. Ex.P.24 : Certified copy of the admission register extract of the Pre-University Course issued by the defendant No.6 college.
Ex.P.25 : Letter dated 16.11.2023 issued by the defendant No.5 institution. Ex.P.26 : Certified copy of admission register extract issued by the defendant No.5 institution. Ex.P.27 : Affidavit dated 5.3.2024 sworn to before the Notary Public.
Exs.P.28 : Kannadaprabha Kannada daily newspaper and and P.29 : The New Indian Express English daily newspaper - both dated 6.3.2024.
3. WITNESS/ES EXAMINED FOR THE DEFENDANTS:
Nil.
4. DOCUMENT/S MARKED ON BEHALF OF DEFENDANTS:
Nil.
Cont'd..
-16- O.S. No.6373/2023 (PRAKASH V.) Holding Concurrent Charge of the XXXI Additional City Civil and An&/- Sessions Judge(CCH-14), Bengaluru.
Cont'd..