Delhi District Court
Robin Singh Chauhan vs State on 6 April, 2015
IN THE COURT OF Ms. JYOTI KLER, ADDITIONAL SENIOR CIVIL JUDGE
CUMJUDGE SMALL CAUSE COURTCUM GUARDIAN JUDGE, SOUTH
EAST DISTRICT, SAKET COURT COMPLEX, NEW DELHI
CS No: 16/15
Case ID No. 02406C0014822015
IN THE MATTER OF :
Robin Singh Chauhan
S/o Mr. Ishwar Singh Chauhan
R/o C47B (F.F.) Alaknanda,
Gangotri Apartment Delhi .....Plaintiff
VERSUS
State .....Defendant
Date of Institution: 15.01.2015
Date of Final Arguments: 06.04.2015
Date of Judgment: 06.04.2015
Decision: Decreed
SUIT FOR DECLARATION OF CORRECT DATE OF BIRTH
EX PARTE JUDGMENT
1.This is a Suit for Declaration of Date of Birth filed by Sh. Robin Singh Chauhan.
2. It is averred that the plaintiff got his passport made through an agent in the year 1995. All his documents were lost and therefore the agent got an affidavit prepared regarding the Date of Birth of the plaintiff. In the affidavit, it was mistakenly written that the Date of Birth of the plaintiff is 26.01.1972. In 2005, plaintiff lost his passport and he got a new passport issued, but, the Date of Birth CS 16/15 Robin Singh Chauhan Vs. State 1/4 remained unchanged. In the year 2013, plaintiff was shifting his house. During shifting he found all his missing documents and his secondary school marksheet and certificate, wherein, his Date of Birth was mentioned as 26.01.1975. Plaintiff approached the passport authorities in December, 2014 regarding correction of Date of Birth in the passport but he was informed that he was required to seek a declaratory decree from the Court regarding his Date of Birth. Hence, plaintiff filed the present Suit.
3. The notice of the Suit was issued to the public at large by way of publication in newspaper "The Statesmen" on 29.01.2015 and "Veer Arjun" on 04.02.2015. Objections were invited from the public at large to be filed within a period of 30 days. Court did not receive any objections after which the State was proceeded exparte.
4. Plaintiff was examined by way of evidence affidavit Ex. PW1/A. He also proved his marksheet and certificate of Matric which is Ex. PW1 (colly), and copy of Birth Certificate, Aadhar Card, Voter ID Card and Pan Card which are Ex. PW2 (colly). As per the documents proved by PW1, the Date of Birth of PW1/plaintiff is 26.01.1975.
5. From all the documents proved on record by the plaintiff, none of the documents except Matriculation Certificate were of a contemporary date. All the documents were got prepared by the plaintiff in the year 2014, after laying hand on his Matriculation Certificate. The Date of Birth of the plaintiff was changed in the documents placed on record on the basis of his Matriculation Certificate. Hence, record was summoned from the first attended school of the plaintiff for corroboration.
6. PW2 Anand Singh Goni, Accountant, appeared from the first CS 16/15 Robin Singh Chauhan Vs. State 2/4 attended school of the plaintiff, which is Manav Bharti India International School, Panchsheel Park (South), New Delhi. The witness brought admission form and admission and withdrawal Register. According to the admission form which is Ex. PW2/B, the Date of Birth of the plaintiff is shown as 08.08.1974. The admission register which is Ex. PW2/A does not bear the Date of Birth of the plaintiff. The unsigned affidavit of father of the plaintiff was also produced, copy of which was retained by the Court.
7. Father of the plaintiff was examined as PW3 and he stated on oath that the plaintiff was born on 26.01.1975. He also stated that the plaintiff was got admitted at Manav Bharti School by his friend whose name he does not remember due to lapse of memory. The admission form bear signatures of his friend as PW3 was posted at Kolkata at that time. He stated that it is for this reason that an unsigned affidavit was furnished to the school as he was not available in Delhi. No other witness was produced by the plaintiff.
8. I have heard arguments and record has been perused.
9. Matriculation Certificate as well as the record pertaining to first attended school are the most reliable documents accepted for age proof. The record of the first attended school of the plaintiff is not proper as the affidavit regarding Date of Birth that was furnished to the school is unsigned and there is no entry in the column of Date of Birth against the name of the plaintiff in admission and withdrawal register. The Matriculation Certificate of the plaintiff which is the most widely accepted document of age proof shows the Date of Birth of the plaintiff as 26.01.1975. This document was issued in the year 1991, much before filing of present Suit. Hence, its credibility cannot be put under doubt.
10. No crossexamination of either of the witnesses of the plaintiff was CS 16/15 Robin Singh Chauhan Vs. State 3/4 conducted, there being no opponent and there being no objections received from the public at large despite publication of notice. The documents placed on record by the plaintiff point towards the fact that he was born on 26.01.1975 and not on 26.01.1972, this being the date shown in his Matriculation certificate. Court has no reason to disbelieve the testimony of the plaintiff or his father.
11. Plaintiff also specifically deposed that he has approached the Court for declaratory decree on the direction of passport office. A copy of letter dated 05.01.2015 is also placed on record. This is an acknowledgment letter from the passport office wherein it is specifically mentioned that the plaintiff was required to obtain a declaratory Court order regarding his Date of Birth. Plaintiff also specifically deposed on 07.03.2015 that no criminal case is pending against him. Hence, there is no apparent malice in the plaintiff for approaching the Court for a declaratory decree regarding his age.
12. Considering the aforesaid facts as well as the documents proved on record by the plaintiff and the testimony of all the three witnesses, it is declared that the Date of Birth of the plaintiff is 26.01.1975. No order as to costs.
13. Let decreesheet be prepared in terms of judgment.
14. File be consigned to RecordRoom.
Announced in the open court.
on 06.04.2015 (JYOTI KLER)
ASCJ/JSCC /Gdn.JUDGE
SOUTHEAST, SAKET COURTS, NEW DELHI
CS 16/15 Robin Singh Chauhan Vs. State 4/4