Bangalore District Court
Mr. Srinivas Rao. K vs ) The State Of Karnataka on 30 August, 2018
C.R.P.67
Govt. of Karnataka
Form No.9 (Civil)
Title Sheet for
Judgments in Suits
(R.P.91)
TITLE SHEET FOR JUDGMENTS IN SUITS
IN THE COURT OF THE II ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE AT
BANGALORE (C.C.H. No.17)
DATED THIS THE 30th DAY OF AUGUST 2018.
PRESENT; SRI.I.F. Bidari, B.Com., LL.B (Spl).,
II ADDL CITY CIVIL JUDGE, BANGALORE.
O.S.NO.2092/2018
Plaintiff: Mr. Srinivas Rao. K, 29 years, s/o
Krishnoji Rao, No.171,
Addiganahalli, Rajannakunte post,
Hesaragath Hobli, Bengaluru North,
Bengaluru.
(By, Miss. HK, Advocate)
Vs.
Defendants: 1) The State of Karnataka,
Represented by Chief
Secretary, Vidhana Soudha,
Bengaluru.
2) The Secretary, Department of
Education, Government of
Karnataka, M.S. Building,
Bengaluru.
3) The Director/Commissioner,
Pre-University Board, 18th
cross, Malleshwaram, Opp.
CET, Bengaluru.
4) The Director, Board of
Secondary Examination
(SSLC), 7th cross,
Malleshwaram, Bengaluru.
2 O.S. No.2092/2018
5) The Registrar, Bengaluru
University, Jayna Bharathi
Campus, Bengaluru.
6) The Principal, Government
Arts College, Bengaluru.
7) The Principal, Survodaya P.U.
College, Rajanakunte,
Bengaluru.
8) The Principal, Survodaya
High School, Rajankunte,
Bengaluru.
9) The Principal, Government
Lower Primary School,
Addiganahalli, Bengaluru.
(D.1 to D.4, 6 and 9 by learned 4th
ADGP i.e., Smt. Kiran Pradeep)
(D.5, 7 and 8- Exparte)
------------------------------------------------------------------------
Date of Institution of the suit : 16.03.2018
Nature of the suit (suit on : Suit for declaration
pronote, suit for declaration
and possession, suit for
injunction etc,)
Date of the commencement : 21.08.2018
of recording of the evidence
Date on which the Judgment : 30.08.2018
was pronounced : Year/s Month/s Day/s
Total duration : 00 05 14
------------------------------------------------------------------------
(I.F. Bidari)
II Additional City Civil and Sessions Judge,
Bangalore.
3 O.S. No.2092/2018
JUDGMENT
This suit of the plaintiff against the defendants seeking the relief of declaration to the effect that the plaintiff's name be declared as "Srinivas Rao K" instead of "Srinivasa K" and also to issue direction to the defendants 2 to 9 to consider the representation, to insert the name of the plaintiff in the marks cards as per his representation as "Srinivas Rao K" instead of "Srinivasa K" and to grant such further relief as deem fit by the court .
.2. The brief facts of case are:
The plaintiff has completed his primary school, 7th standard in Government Primary School, Adhiganahalli and High school education 10th standard in Suryodaya High School, Rajanukunte, thereafter, 2nd year P.U. Course (Arts) at Suryodaya P.U. College. The plaintiff has completed his degree in the course 4 O.S. No.2092/2018 of Bachelor of Arts from Bengaluru University, Jayna Bharathi Campus and has obtained provisional certificate from Bengaluru University, Bengaluru issued by the concerned Government Departments. Thus, the plaintiff has studied under the defendants 2 to 9 and sub-ordinate educational institutions as aforesaid. The name of plaintiff while studying in the above courses in primary, High school, college and University, was entered in the school and college records as "Srinivasa K" s/o Krishnoji Rao R. It is averred that due to astrology, numerology, friends, relatives and family members called the plaintiff as "Srinivas Rao K", on the basis of change of his name. The plaintiff has changed his name as "Srinivas Rao K" instead of his earlier name "Srinivasa K"
before the notary public, Government of India, Sri. R.S. Vijay, by way of affidavit dated 05.10.2015. Thus, for all practical purpose, now the plaintiff is being called by his name as 5 O.S. No.2092/2018 "Srinivas Rao K" instead of his earlier name "Srinivasa K". The plaintiff followed the procedure to change his name. It is averred that now it has become serious impediment in certain cases to obtain necessary sanction in his changed name so as to proceed to change his name called as "Srinivas Rao K". Therefore, to bring uniformity of his name in the educational records, it is necessary to change his present name as "Srinivas Rao K" instead of his earlier name "Srinivasa K". The plaintiff through a notice dated 16.12.2017 called upon the authorities concern, to effect his changed name in his school and college records, but there is no response from the defendants 2 to 9. Therefore, the plaintiff is left with no alternative approached this court for the relief as sought. These main grounds among others, averred in the plaint, prayer to grant the relief as prayed for.6 O.S. No.2092/2018
.3. Pursuant to the service of summons, the defendants 1 to 4, 6 and 9 appeared through the learned 4th ADGP. The defendants 5, 7 and 8 remained absent, in-spite of service of suit summons, hence, they are set exparte. The defendants 1 to 4 represented through Gazetted Assistant Officer of the office of the DDPI, Bengaluru North District, Bengaluru, have filed the written statement, wherein, contended that suit of the plaintiff is not maintainable either in law or on facts and the same is liable to be dismissed. The name of plaintiff since 1st standard in the primary school entered as "Srinivasa K", is continued in higher educational records. The defendants cannot act to the whims and fancies of the plaintiff. The defendants are abide by the rules and regulations followed by the department. The plaintiff for no reasons has filed this false suit. The changing of name of plaintiff as sought in school and college records, involves laborious 7 O.S. No.2092/2018 work for defendants' department and consumes much time and money. As per the circular issued by the commissioner of Education Department, there is no provision to change the name of the student in school records. The suit is barred by limitation. There is no cause of action to file this suit. These main grounds among others, contended in the objection prayer to dismiss the suit of the plaintiff with exemplary cost.
.4. On the basis of the above pleadings, this court has framed the following:
ISSUES
1) Whether the plaintiff proves that he has changed his name as "Srinivas Rao K" by abandoning his earlier name "Srinivasa K"?
2) Whether suit of the plaintiff is barred by limitation?
3) Whether suit of the plaintiff is maintainable under law?
4) Whether the plaintiff is entitle for the relief of declaration, as sought?
5) What order or decree?8 O.S. No.2092/2018
.5. To substantiate his case, the plaintiff got examined himself as PW.1. The documents at Exs.P.1 to 32 are marked, for the plaintiff.
The defendants 1 to 4, 6 and 9 have not adduced either oral or documentary evidence on their behalf.
.6. My findings on the above issues are:
Point No.1 : In the Affirmative, Point No.2 : In the Negative, Point No.3 : In the Affirmative, Point No.4 : In the Affirmative, Point No.5 : As per final order, for the following:
REASONS .7. Points 1 to 4: These issues are inter- related, hence, taken together for discussion, for convenience, also to avoid repetition of facts. The PW.1 Srinivas Krishnoji Rao, who is a plaintiff, has filed an affidavit in lieu of his chief- examination, reiterating most of the plaint 9 O.S. No.2092/2018 averments. The documents at Exs.P.1 to 32 are marked during his evidence. The Ex.P.2 is 7th standard marks card of plaintiff. The Ex.P.3 is SSLC marks card of the plaintiff. The Ex.P.4 is 2nd year P.U. marks card of plaintiff. The Exs.P.5 to 11 are the marks cards (7 in numbers) of Bachelor of Arts in Journalism of plaintiff. The Ex.P.12 is a convocation i.e., provisional certificate issued by Bengaluru University on 30.04.2010, in the name of plaintiff for his completing degree in Bachelor of Arts, as mentioned therein. The Ex.P.13 is 1st year M.A. in Arts marks card of plaintiff issued by Bengaluru University. The name of plaintiff in all the marks cards at Exs.P.2, 11 and 13 and also in the convocation certificate marked at Ex.P.12, has been recorded as "Srinivasa K". The PW.1 in his chief examination, in-many- words, has stated that while he was studying in the primary school, High School and colleges, as averred in the plaint, his name was entered in 10 O.S. No.2092/2018 the school and college records as 'Srinivasa K' s/o Krishnoji Rao R. Though the PW.1 is cross- examined, but nothing has been elicited from his mouth to disbelieve or discard his evidence that in primary and High school, in college and University records, pertains to the plaintiff, his name was entered as "Srinivasa K" and it is also not disputed by the contesting defendants. The PW.1 in his chief-examination has stated that due to astrology, numerology, friends, relatives and family members called him as "Srinivas Rao K", on the basis of change of his name as "Srinivas Rao K", instead of "Srinivasa K" before Sri. R.S. Vijay, Notary Public and Advocate, Government of India, City Civil Court complex, Bengaluru., stating that he has born out of wed-lock between Krishnoji Rao R and Smt. Chandra Bai on 19.01.1988 and he was named as "Srinivasa K" in his childhood. Accordingly, in his educational records, the said name has been continued. The Ex.P.1 11 O.S. No.2092/2018 evidences that the plaintiff sworn that he intending to change his name from "Srinivasa K" to "Srinivas Rao K", sworn the said affidavit by declaring his name, thereafter swearing that affidavit be called by name "Srinivas Rao K". The PW.1 during cross-examination deposed that he has studied up to M.A. and his birth date is 19.01.1988. The Exs.P.2 and 3 evidences that the birth date of plaintiff is 19.01.1988 and his father's name is Krishnoji Rao R and his mother's name is Chandra Bai.
The PW.1 denied the suggestion that the astrologist and numerologist have not advised him to change his present name. The Exs.P.15 to 22 are the postal receipts (9 in numbers) evidencing sending of notice to the defendants through RPAD. The Ex.P.14 is a office copy of legal notice dated 16.12.2017 got issued by the plaintiff through his counsel to the defendants 1 to 9, requesting them to effect his changed name in his school and college records and this 12 O.S. No.2092/2018 Ex.P.14 is a notice u/s. 80 of C.P.C., required to be given to the defendants before filing this suit, sought in this suit. The Ex.P.24 is an acknowledgment having served the notice on defendant No.3. The Exs.P.31 and 32 are the copies of legal notice dated 16.12.2017, where- under, the legal notice are being served on the defendants 7 to 9. The Exs.P.25, 26, 27, 28 and 29 are the tracking reports issued by the postal authorities for having served the posts sent through RPAD to the defendants 1, 2, 5, 6 and 4 respectively. These documentary evidence marked at Exs.P.14 to 32 coupled with oral evidence of PW.1 evidences that the plaintiff has served the mandatory notice contemplated u/s.80 of C.P.C., requesting the defendants to effect entry of his changed name in his school and college records, but in vain, since evidence of PW.1 is that the defendants 2 to 9 had not responded to his request, to effect entry of his changed name in his school and college records. 13 O.S. No.2092/2018 Though the PW.1 is cross-examined but nothing has been elicited from his mouth to disbelieve and discard his evidence that the plaintiff got issued mandatory notice contemplated u/s. 80 of C.P.C., to the defendants prior to filing this suit. The contents of Ex.P.1 affidavit dated 05.10.2015 sworn by the plaintiff before the notary public and Advocate, discussed above also evidences that prior to filing of the suit, the plaintiff has followed the procedure to get change his name from earlier name as averred in the plaint. The appreciation of Ex.P.1 and also the documents marked at Exs.P.14 to 32 evidences that the plaintiff after complying the procedure under law has instituted this suit for the reliefs sought. Miss. H.K. the learned counsel for the plaintiff referring to the aforesaid oral evidence of PW.1 and documentary evidence let-in, on behalf of plaintiff submits that the plaintiff has proved his case as the relief sought. The learned counsel during the 14 O.S. No.2092/2018 course of argument, drawn attention of the court to the circular bearing No.ED 106 D.T.I.93(B) dated 17.02.1998 issued by the Karnataka Government Secretariat, Vidhana Soudha, Bengaluru, addressed to the Commissioner of Education Public Instructions, Bengaluru, directing that any of the students and persons, seeking change in their names, father's name, birth date etc., to be effected only thereafter such persons obtain decree from the competent court of law. Per contra, the learned 4th ADGP submits that the plaintiff has filed a false suit only for his asking relief as sought cannot be granted. The learned 4th ADGP submits that there is no cause of action for the plaintiff to file the present suit and suit of the plaintiff is barred by limitation.
.8. The right of the plaintiff in changing his name from his earlier name is a civil right and the plaintiff has complied the requirement 15 O.S. No.2092/2018 of law in that regard. The Exs.P.14, 1, 15 to 32 and also the oral evidence of PW.1/plaintiff proves that the plaintiff having exercised his right to change his name has followed the procedure and despite issuance of mandatory notice u/s. 80 of C.P.C., the defendants have not complied the request of the plaintiff, as such, the plaintiff has filed the instant suit, well within the limitation after service of notice u/s. 80 of C.P.C.. Therefore, at any stretch of imagination, it cannot be said that there is no cause of action and suit is barred by limitation. On the other hand, the evidence on record proves that there is a cause of action and suit of the plaintiff is filed within limitation for the relief sought. The evidence on record proves that the defendants, despite plaintiff following procedure have not responded to his prayer, under the circumstances, there is no hesitation to hold that the plaintiff is entitle for declaratory relief, as sought, consequently, the defendants 16 O.S. No.2092/2018 are liable to be directed to effect name of plaintiff as "Srinivas Rao K" instead of his earlier name "Srinivasa K", in his school and college records, maintained by them as sought in this suit. Hence, I hold issues 1, 3 and 4 in the affirmative and issue No.2 in negative, for consideration.
.9. Issue No.5: In view of my findings on aforementioned issues 1 to 4, I proceed to pass the following:
[ ORDER Suit of the plaintiff is decreed. The name of plaintiff is declared as "Srinivas Rao K" instead of his earlier name "Srinivasa K".
The defendants 1 to 9 are hereby directed to change the name of plaintiff as "Srinivas Rao K" instead of his earlier name "Srinivasa K", in all their relevant registers maintained by them, 17 O.S. No.2092/2018 including school and college records of the plaintiff.
No order as to cost.
Draw decree accordingly.
(Dictated to the Judgment Writer, transcribed by her, revised by me and after corrections, pronounced in open Court on this the 30th day of August, 2018.) (I.F. Bidari) II Additional City Civil and Sessions Judge, Bangalore.
ANNEXURE
1. WITNESSES EXAMINED FOR THE PLAINTIFF :
P.W.1 : Srinivasa K
2. DOCUMENTS MARKED FOR THE PLAINTIFF:
Ex.P.1 : Affidavit
Ex.P.2 : 7th standard marks card
Ex.P.3 : SSLC marks card
Ex.P.4 : 2nd year PUC marks card
Exs.P.5-11 : Marks cards (7 in numbers) of B.A., Journalism Ex.P.12 : Convocation certificate Ex.P.13 : 1st year M.A. marks card 18 O.S. No.2092/2018 Ex.P.14 : Office copy of legal notice Exs.15-23 : Postal receipts (9 in numbers) Ex.P.24 : Acknowledgment Exs.P.25-29: Tracking reports issued by postal authorities Exs.P.30.32 : Legal notices with endorsements for having served on defendants 7 to 9 (3 in numbers)
3. WITNESSES EXAMINED FOR THE DEFENDANTS:
Nil
4. DOCUMENTS MARKED FOR THE DEFENDANTS:
Nil (I.F. Bidari), II Additional City Civil and Sessions Judge, Bangalore.
IBRAHIM Digitally signed by IBRAHIM FEERASAB
BIDARI
DN: cn=IBRAHIM FEERASAB
FEERASAB BIDARI,ou=HIGH
COURT,o=GOVERNMENT OF
KARNATAKA,st=Karnataka,c=IN BIDARI Date: 2018.09.02 15:17:34 IST 19 O.S. No.2092/2018 20 O.S. No.2092/2018 Order (vide separate order) pronounced in open court.
ORDER Suit of the plaintiff is decreed. The name of plaintiff is declared as "Pruthvee M.R." instead of his earlier name "Prasanna Kumar M.R.".
The defendants 1 to 7 are hereby directed to change the name of plaintiff as "Pruthvee M.R." instead of "Prasanna Kumar M.R.", in all their relevant registers maintained by them, including school and college records and also in the birth records of the plaintiff.
No order as to cost.
Draw decree accordingly.21 O.S. No.2092/2018
II ADDL.CITY CIVIL & SESSIONS JUDGE BANGALORE.22 O.S. No.2092/2018