Bangalore District Court
Mr. Moses Richard. P vs The Superintendent on 12 February, 2015
Form No.9
(Civil) Title
Sheet for
Judgment
in Suits
R.P. 91 PRESENT: SRI SUDHEER H.KORADDI,
B.Sc.,LL.B.,[Spl]
XXVII Additional City Civil Judge.
Dated this the 11th day of November 2013
PLAINTIFF: Mr. MOSES RICHARD. P.
S/o Sri Pandiyan,
Aged about 28 years,
R/at No.26, 'F' Street,
Jayaraj Nagar, Ulsoor,
Bangalore-560 008.
[By Sri HTN, Advocate]
/v e r s u s/
DEFENDANT: The Superintendent,
Regional Passport Office,
Ministry of External Affairs,
Government of India,
80 Feet Road, 8th Block,
Koramangala, Bangalore-560 095.
[By Sri KMJ, Advocate]
Date of institution of the suit : 8/11/2012
Nature of the suit : For declaration
Date of commencement of : 13/6/2013
recording of the evidence
Date on which the Judgment : 11/11/2013
was pronounced.
: Year/s Month/s Day/s
Total duration
1 - 3
2
O.S.
No.7964/2012 .
(S.H. Koraddi)
XXVII ACCJ: B'LORE.
This is a suit filed by the plaintiff against the defendant to
declare that his Date of Birth is 26/5/1984 and to direct the
defendant to effect necessary changes in the Date of Birth of its
record.
2. In the plaint, it is contended that, the plaintiff MOSES
RICHARD. P is citizen of India and permanent resident of
Bangalore and he has Indian passport bearing No.J-4012008
issued on 10/12/2010 and its date of expiry is 9/12/2020. In the
said passport, his Date of Birth is entered as 26/5/1980 and in his
school record his Date of Birth is properly entered as 26/5/1984.
Immediately he applied for Birth Certificate and got it ascertained
by comparing with the school records. The Date of Birth entered
in his passport is not correct and a mistake is crept in mentioning
his Date of Birth in the passport only. Further, after getting the
certificate from the Government of Karnataka through Chief
Registrar of Births and Deaths, he has issued notice on
14/8/2012 to the defendant i.e., Superintendent of Regional
3
O.S.
No.7964/2012 .
Passport office, Government of India, Koramangala, Bangalore to
rectify his Date of Birth in the passport. But defendant authority
has issued reply letter on 25/9/2012 stating that rectification of
Date of Birth after more than 2 years cannot be done and
necessary orders shall have to be secured from the Court. Hence,
plaintiff was constrained to file the suit, and prayed to decree the
suit.
3. After registration of the suit, suit summons has been
served upon the defendant and defendant has put appearance
through Advocate and filed written statement denying the
averments of the plaint as false and contended that this suit is not
maintainable in law and plaintiff has suppressed material facts
and statutory notice is not issued against the defendant and
Government of India is also not made party, and it is having quasi
judicial functions, and passports will be issued on certain
particulars of Date of Birth, place of birth, and it cannot be
reviewed thereafter, and necessary rectification can be effected
only through the Court orders, and it has properly replied to the
notice issued by the plaintiff. The passport of the plaintiff was
issued on the basis of information given by him in the application
4
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No.7964/2012 .
and no mistake is committed by its officials, and the suit be
dismissed in the interest justice.
4. From the above pleadings of both the parties, my
predecessor in office has framed the following issues:
(1) W hether the plaintiff proves that his correct
Date of Birth is 26/5/1984 and not 26/5/1980
as alleged in the plaint?
(2) If so, whether the plaintiff is entitled for the
relief of declaration?
(3) W hether defendant proves that suit of the
plaintiff is bad for want of notice under
Section 80 of CPC?
(4) W hat order/decree?
5. The plaintiff is examined as PW .1 and the documents at
Ex.P1 to Ex.P5 have been marked. No oral evidence is adduced
on defendants side inspite of sufficient opportunity is given.
6. I have heard the arguments and perused the records.
7. My findings on the above issues are as under:
Issue No.1: In the affirmative;
Issue No.2: In the affirmative;
Issue No.3: In the negative;
Issue No.4: As per final order for the
following:
5
O.S.
No.7964/2012 .
8. ISSUES 1 TO 3: As these issues are interconnected with
each other, they are taken together for discussion to avoid
repetition of discussion.
9. It is the case of the plaintiff that, the plaintiff MOSES
RICHARD. P is citizen of India and permanent resident of
Bangalore and he has Indian passport bearing No.J-4012008
issued on 10/12/2010 and its date of expiry is 9/12/2020. In the
said passport, his Date of Birth is entered as 26/5/1980 and in his
school record his Date of Birth is properly entered as 26/5/1984.
Immediately he applied for Birth Certificate and got it ascertained
by comparing with the school records. The Date of Birth entered
in his passport is not correct and a mistake is crept in mentioning
his Date of Birth in the passport only. Further, after getting the
certificate from the Government of Karnataka through Chief
Registrar of Births and Deaths, he has issued notice on
14/8/2012 to the defendant i.e., Superintendent of Regional
Passport office, Government of India, Koramangala, Bangalore to
rectify his Date of Birth in the passport. But defendant authority
has issued reply letter on 25/9/2012 stating that rectification of
Date of Birth after more than 2 years cannot be done and
necessary orders shall have to be secured from the Court. Hence,
6
O.S.
No.7964/2012 .
plaintiff was constrained to file the suit, and prayed to decree the
suit.
10. On the other hand defendant has contended that this suit is
not maintainable in law and plaintiff has suppressed material facts
and statutory notice is not issued against the defendant and
Government of India is also not made party, and it is having quasi
judicial functions, and passports will be issued on certain
particulars of Date of Birth, place of birth, and it cannot be
reviewed thereafter, and necessary rectification can be effected
only through the Court orders, and it has properly replied to the
notice issued by the plaintiff. The passport of the plaintiff was
issued on the basis of information given by him in the application
and no mistake is committed by its officials, and the suit be
dismissed in the interest justice.
11. The plaintiff PW .1 MOSES RICHARD. P in support of his
case has stated in his evidence as per the averments of the plaint
and produced Ex.P1 Birth Certificate issued by St.Martha's
Hospital; Ex.P2 Birth Certificate issued by Government of
Karnataka; Ex.P3 Transfer Certificate; Ex.P4 notice; Ex.P5 Reply
notice. These documents show that Date of Birth of plaintiff is
26/5/1984 and it is wrongly entered as 26/5/1980 in his passport,
7
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No.7964/2012 .
and plaintiff has issued notice to the defendant for its rectification,
but defendant has replied to obtain Court order since no such
rectification can be made after lapse of two years. The probable
mistake crept in mentioning the date of birth through oversight
cannot be ruled out and the claim of the plaintiff is supported with
the documents. Therefore, I don't find any impediment in
declaring his correct Date of Birth as 26/5/1984 and plaintiff is
very much entitled for declaratory relief as well as directions to
defendant and this suit is also maintainable since statutory notice
is issued by the plaintiff before filing of the suit. Therefore, I
answer Issues 1 and 2 in the affirmative and issue No.3 in the
negative.
12. ISSUE NO.4: From the discussion made in Issue No.1
to 3, it is very much clear that suit of the plaintiff is fit to be
decreed. In the result, I pass the following:
The suit filed by the plaintiff is decreed.
It is declared that his Date of Birth is
declared as 26/5/1984 and defendant
Superintendent of Regional Passport
Office, Government of India is directed to
rectify his Date of Birth as 26/5/1984 in
8
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No.7964/2012 .
the passport by collecting necessary late
fees etc., under the law.
There shall be decree in the above terms.
No order as to costs.
***
[Dictated to the Judgment Writer, transcribed and computerised by her, Script corrected, signed and then pronounced by me, in the Open Court on this the 11th day of November 2013.) [S.H. KORADDI] XXVII Additional City Civil Judge.
BANGALORE.
1. List of witnesses examined on behalf of the Plaintiff/s:
PW .1 MOSES RICHARD. P
2. List of witnesses examined on behalf of the Defendant/s:
NIL.
3. List of documents marked on behalf of the Plaintiff/s:
Ex.P1 Birth Certificate issued by St.Martha's Hospital Ex.P2 Birth Certificate issued by Chief Registrar Of Birth and Death, Government of Karnataka Ex.P3 Transfer Certificate Ex.P4 Copy of legal notice dated 14/8/2012 Ex.P5 Letter of Regional Passport office
4. List of documents marked on behalf of the Defendant/s:
NIL.
[S.H. KORADDI] XXVII Additional City Civil Judge, 9 O.S. No.7964/2012 .
BANGALORE.
...Judgment pronounced in the Open Court....
(Vide separate detailed judgment) The suit filed by the plaintiff is decreed.
It is declared that his Date of Birth is declared as 26/5/1984 and defendant Superintendent of Regional Passport Office, Government of India is directed to rectify his Date of Birth as 26/5/1984 in the passport by collecting necessary late fees etc., under the law.
There shall be decree in the above terms.
No order as to costs.
[S.H.KORADDI] XXVII Additional City Civil Judge.
BANGALORE.
12 O.S. No.7964/2012 .
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