Bangalore District Court
Darshan S Shankar Bandi Vaddar vs The Secretary Govt Of Karnataka on 29 February, 2024
KABC010255772023
Govt. of Karnataka TITLE SHEET FOR JUDGMENT IN SUITS
Form No.9(Civil)
Title Sheet for
Judgment in suits
(R.P.91)
IN THE COURT OF THE VI ADDL. CITY CIVIL & SESSIONS JUDGE
AT BENGALURU CITY
(CCCH.11)
Dated this the 29th day of February, 2024
PRESENT: Sri. D.P.KUMARA SWAMY, B.Com., LL.M.,
(Name of the Presiding Judge)
O.S.No.6124/2023
PLAINTIFF 1. SRI. DARSHAN SHANKAR BANDI
VADDAR
S/o. Shankar Channappa Bandi Vaddar,
Aged about 18 years,
2.SRI. SHANKAR CHANNAPPA BANDI
VADDAR
S/o. Channappa,
Aged about 45 years.
3. SRI. RENUKA SHANKAR BANDI
VADDAR
O.S.No.6124/2023
2
W/o. Shankar Channappa Bandi Vaddar,
Aged about 40 years.
All are residing at No.383,
5th Cross, Chamundinagar,
R.T.Nagar Post,
Bengaluru -560022.
[By Sri D.N.Nagaraju, Advocate]
/Vs/
DEFENDANTS 1) THE SECRETARY,
Government of Karnataka,
Ministry of Education,
Vidhana Soudha,
Bengaluru.
2) THE DEPUTY DIRECTOR,
Public Institutions,
Kalasiplaya,
Bengaluru North,
Bengaluru.
3) THE SECRETARY,
S.S.L.C Board,
Malleshwaram,
Bangalore - 560 003.
4) THE HEAD MASTER/PRINCIPAL,
Mamatha High School,
Ganganagar,
R.T.Nagar Post,
Bengaluru -560032.
[D-1 to 3 by IV ADGP]
[D-4: EXPARTE]
O.S.No.6124/2023
3
Date of Institution of the suit : 20-09-2023
Nature of the Suit : Declaration
Date of commencement of recording
of evidence : 11-01-2024
Date on which the Judgment was
pronounced : 29-02-2024
Year/s Month/s Day/s
Total Duration : 00 05 09
(D.P. KUMARA SWAMY)
VI ADDL.CITY CIVIL & SESSIONS JUDGE
BENGALURU CITY.
JUDGMENT
This is a suit for declaration of the names of the plaintiffs No.1 to 3; for declaration of the date of birth of the plaintiff No.1; also for consequential mandatory injunction.
2. The pleaded facts of the case of the Plaintiff s may be stated to the following effect :
O.S.No.6124/2023 4 2.1 The plaintiff No.1 Darshan Shankar Bandi Vaddar has studied from 5th to 10th standard in defendant No.4-Mamatha high School, Ganganagar, R.T.Nagar Post, Bengaluru. In the school Transfer Certificate, issued by defendant No.4 school, and in the S.S.L.C marks card issued by the defendant No.3- S.S.L.C. Board, the date of birth of the plaintiff No.1 and the names of the plaintiffs No.1 to 3 are wrongly mentioned.
2.2 In the said two documents, the date of birth of the plaintiff No.1 is wrongly mentioned as 09.05.2005 instead of 09.07.2005;
the name of the plaintiff No.1 is wrongly mentioned as "DARSHAN S" instead of mentioning as "DARSHAN SHANKAR BANDI VADDAR"; the name of the plaintiff No.2 is wrongly mentioned as "SHANKAR" instead of mentioning as "SHANKAR CHANNAPPA BANDI VADDAR"; and the name of the plaintiff No.3 is wrongly O.S.No.6124/2023 5 mentioned as "RENUKA" instead of mentioning as "RENUKA SHANKAR BANDI VADDR" .
2.3 In the concerned caste and Income Tax certificate, Aadhaar Card, Birth certificate of plaintiff Nos.1 to 3 and in the records of the plaintiffs No.2 and 3, the correct names of plaintiffs No.1 to 3 and correct date of birth of plaintiff No.1 are mentioned.
2.4 After noticing the said mistakes in the said two records, the plaintiff approached defendants No.2 to 4 for necessary corrections of the said names and said date of birth in the said two records. But the defendants No.3 and 4 have advised the plaintiff to obtain a decree from competent court regarding the said names and said date of birth.
2.5 Thereafter, the plaintiff got issued a legal notice against the defendants 1 to 4 on O.S.No.6124/2023 6 12.07.2023 and the said notices are served on them. The defendant No.3/S.S.L.C Board has issued a reply notice on 20.07.2023 asking the plaintiff to produce a decree from a competent court. At the time of filing this suit, plaintiff No.1 is studying in 2nd P.U. The above are the facts constituting cause of action of the suit. Hence this suit.
3. The pleaded facts of the case of the defendants No. 1 to 4 may be stated to the following effect:
3.1 The suit is bad for non-issuance of notice under Section.80(2) of CPC. As per the Circular of Commissioner, Education Department, Government of Karnataka, there is no provision to change the name of the plaintiffs No.1 to 3 and for change of date of birth of plaintiff No.1 in the educational records of the plaintiff No.1.
O.S.No.6124/2023 7 3.2 The suit is time barred.
3.3 There is no cause of action for the suit. 3.4 With the above assertions and explanations, the defendants No.1 to 4 have denied the rest of the pleaded facts of the case of the plaintiffs allegedly constituting the cause of action for this suit.
3.5 The suit may be dismissed.
4. After service of suit summons, defendant No.4 has not appeared before this court. Hence defendant No.4 is placed exparte.
5. Based on the materials on record, this Court has framed the following Issues in this suit:
1) Whether the plaintiff proves that the name of the plaintiff is Darshan Shankar Bandi Vaddar ?
2) Whether the plaintiff proves that the name of the father of the O.S.No.6124/2023 8 plaintiff is Shankar Channappa Bandi Vaddar?
3) Whether the plaintiff proves that the name of the mother of the plaintiff is Renuka Shankar Bandi Vaddar?
4) Whether the plaintiff proves that the date of birth of the plaintiff is 09.07.2005?5) Whether the defendants No.1 to 3
prove that since the plaintiff has not issued a notice under Section 80 CPC before filing this suit, the suit is not maintainable?
6) Whether the Defendants No. 1 to 3prove that the suit is time barred?
7) Whether the Plaintiff is entitled for the relief claimed?
8) What Decree or Order?
6. To prove the case of the plaintiffs, the 1 st Plaintiff got himself examined as PW.1 and through him, got marked documents Ex.P.1 to Ex.P.18 and got closed his side. On behalf of the defendant O.S.No.6124/2023 9 No.1 to 3, learned IV ADGP has submitted that they have no independent evidence.
7. Heard arguments. Perused the records.
8. My findings on the above Issues are as follows:
Issue No.1 : In the Affirmative Issue No.2 : In the Affirmative Issue No.3 : In the Affirmative Issue No.4 : In the Affirmative Issue No.5 : In the Negative Issue No.6 : In the Negative Issue No.7 : In the Affirmative Issue No.8 : As per final order for the following :
REASO NS
9. Issue Nos.1 to 4 : Ex.P.1 is the S.S.L.C marks card of the plaintiff No.1. In Ex.P.1, the O.S.No.6124/2023 10 names of the plaintiffs No.1 to 3 are mentioned as "DARSHAN S", "SHANKAR" and "RENUKA". It also shows that the date of birth of the plaintiff No.1 is mentioned as "09.05.2005".
10. Ex.P.2 is the school Transfer Certificate of the plaintiff No.1 issued by the defendant No.4 school on 01.06.2022. In Ex.P.2 also the names of the plaintiffs No.1 to 3 are mentioned as "DARSHAN S", "SHANKAR" and "RENUKA" and date of birth of plaintiff No.1 is mentioned on "09.05.2005".
11. Ex.P.3 is the Aadhaar card of the plaintiff No.1 issued by the competent authority on 23.05.2015. In Ex.P.3, the name of the plaintiff No.1 is mentioned as "Darshan Shankar Bandi Vaddar" and the name of the plaintiff No.2 is mentioned as "SHANKAR". In Ex.P.3 the date of birth of plaintiff No.1 is mentioned as "01.01.2005".
O.S.No.6124/2023 11
12. Ex.P.4 is the Aadhaar card of the plaintiff No.3. Therein, the name of the plaintiff No.3 is mentioned as " RENUKA SHANKAR BANDI VADDAR" and the name of the plaintiff No.2 is mentioned as "SHANKAR".
13. Ex.P.5 is the Aadhaar card of plaintiff No.2. In Ex.P.2, the name of the plaintiff No.2 is mentioned as "SHANKAR CHANNAPPA BANDIVADDAR", son of Channappa.
14. Ex.P.6 is the birth certificate of plaintiff No.1. In Ex.P.6, the names of plaintiff Nos.1 to 3 are mentioned as "DARSHAN", "SHANKAR BANDI VADDAR", AND "RENUKA BANDI VADDAR"
respectively. The date of birth of the plaintiff No.1 is mentioned as "09.07.2005".
O.S.No.6124/2023 12
15. Ex.P.7 is the caste certificate of Kum.Daneshwari Shankar Bandi Vaddar. The plaintiffs claim that said Kum.Daneshwari Shankar Badi Vaddar is a daughter of plaintiffs No.2 and 3. In Ex.P.7, the name of the plaintiffs No.2 and 3 are mentioned as Sri.Shankar and Smt.Renuka respectively.
16. Ex.P.8 is the S.S.L.C marks card of said Daneshwari Shankar Bandivaddar. Therein, the names of the plaintiffs No.2 and 3 are mentioned as "SHANKAR BANDIVADDAR" and "RENUKA BANDIVADDAR".
17. Ex.P.9 is the Income certificate of plaintiff No.1. In Ex.P.9, the names of plaintiffs No.1 to 3 are mentioned as "DARSHAN SHANKAR BANDIVADDAR", "SHANKAR" and "RENUKA BANDIVADDAR".
O.S.No.6124/2023 13
18. Ex.P.10 is the birth certificate of the said "DANESHWARI SHANKAR BANDIVADDAR". In Ex.P.10, the name of said "DANESHWARI SHANKAR BANDIVADDAR" is mentioned as "DANESHWARI" and the names of the plaintiffs No.2 and 3 are mentioned as "SHANKAR CHANNAPPA BANDIVADDAR" and "RENUKA" respectively.
19. Ex.P.11 is the caste certificate of the plaintiff No.1. In Ex.P.11, the names of the plaintiffs No.1 to 3 are mentioned as "DARSHAN SHANKAR BANDIVADDAR"; "SHANKAR" and "RENUKA BANDIVADDAR" respectively.
20. Ex.P.16 is the affidavit of the plaintiff No.1 dated 17.01.2024 wherein the plaintiff No.1 has sworn to the facts that the names of the plaintiffs No.1 to 3 are "DARSHAN SHANKAR BANDIVADDAR"; "SHANKAR CHANNAPPA O.S.No.6124/2023 14 BANDIVADDAR" and "RENUKA SHANKAR BANDIVADDAR".
21. Ex.P.17 is the publication in 'Kannada Prabha', Kannada daily newspaper dated 20.01.2024 and Ex.P.18 is a paper publication in the New Indian Express, English daily newspaper, dated 20.01.2022. In Ex.P.17 and Ex.P.18, the plaintiff No.1 has declared to the public at large that the names of the plaintiffs No.1 to 3 are "DARSHAN SHANKAR BANDIVADDAR"; "SHANKAR CHANNAPPA BANDIVADDAR" and "RENUKA SHANKAR BANDIVADDAR".
22. Though P.W.1 is cross-examined at length on behalf of the defendants 1 to 4 by the Learned IV ADGP, nothing is elicited from the P.W.1 to the effect that the case of the plaintiffs is false, or that the P.W.1 is not reliable, or that the documents produced by the plaintiffs are not reliable.
O.S.No.6124/2023 15
23. The above discussed documentary evidence would show that on the standard of proof of preponderance of probabilities, the plaintiffs have been able to prove that the name of the plaintiff No.1 is "DARSHAN SHANKAR BANDIVADDAR", that the name of the plaintiff No.2 is "SHANKAR CHANNAPPA BANDIVADDAR" and that the name of the plaintiff No.3 is "RENUKA SHANKAR BANDIVADDAR", and that the date of birth of the plaintiff No.1 is "09.07.2005" .
24. Bearing in mind the above discussed background facts of this case, it would be sufficient to refer to a Judgment of the Hon'ble High Court of Karnataka.
25. In (2017) 6 KLJ 670 Smt. Dorasanamma V/s State of Karnataka at Para-9, the Hon'ble High Court has ruled thus:
O.S.No.6124/2023 16 "9. The appellant filed a suit seeking for declaration, declaring her changed name as Divya G. instead of Dorasanamma. The Change of Name Act provides that name of a student upto secondary level also can be changed by getting judgment and decree from the jurisdictional Court.
Without the decree passed by the Competent Court, the name cannot be changed in the school records. When the student attains majority and if he/she has an intention to change his/her name, the intention must be disclosed through an affidavit sworn to before the Court Officer/Notary or Magistrate in a Stamp Paper of Rs. 20/- and the same has to be published in two leading news papers to make known to the general public regarding change of name. So far as student is concerned, change of name in the school records is done only on furnishing the judgment and decree by the competent Civil Court. In view of that, the appellant filed a suit seeking for declaration to declare her name as Divya G. as provided under the Change of Name Act. The reasons assigned by the trial Court to dismiss the suit is contrary to the Change of Name Act. There need not be a mistake in furnishing the name while admitting into the Educational Institution. The name can be changed according to the wish of the candidate. The Change of Name Act provides for the same. In the instant case, none of the respondents objected for change of name. The necessary documents with regard to swearing of the affidavit in a Stamp Paper before the competent authority and also two paper publications made available to the Court. Hence, the question of O.S.No.6124/2023 17 dismissing the suit for change of name is contrary to law. The appellant has fulfilled all the procedures prescribed under the Change of Name Act. She need not give any reason as to why she is changing her name. However, the appellant has to declare her intention to change her name by executing an affidavit on a stamp paper of Rs. 20/-. Hence the judgment and decree passed by the trial Court cannot be sustained. The appellant is entitled for a decree of declaration for change of her name. Accordingly, the appeal is allowed. The judgment and decree passed by the trial Court is set aside. The suit filed by the appellant is decreed."
26. The plaintiffs have produced Ex.P.16 to Ex.P.18 affidavit and publications in two newspapers regarding the correct names of the plaintiffs No.1 to
3. This is not a case of change of name, but it is case of declaration of full names of the plaintiffs No.1 to 3. Let that be as it may, by production of Ex.P.16 to Ex.P.18, apart from production of other public documents where the public authorities have recognised the names of the plaintiffs No.1 to 3 as per the claims made by them in this suit, the plaintiffs have proved their case to the satisfaction O.S.No.6124/2023 18 of the declarations of law made in the Dorasanamma case (supra). Hence issue Nos.1 to 4 are held in the Affirmative.
27. Issue No.5 : - Ex.P.12 is a copy of the notice dated 12.07.2023 issued by the Learned advocate for the plaintiffs through RPAD against all the defendants. Ex.P.13 is the reply notice issued by the defendant No.3 - S.S.L.C Board. Ex.P.14 contains four postal receipts regarding issuance of the Ex.P.12/notice through RPAD. Ex.P.15 contains postal acknowledgements regarding service of Ex.P.12/notice on the defendants No.1 and 4 through RPAD. Notice under Section 80 of CPC is required to be given to the defendant No.1. The plaintiffs have complied the requirements of Section 80 of CPC. Hence issue No.5 is held in the Negative.
O.S.No.6124/2023 19
28. Issue No. 6 : - A suit for declaration is governed by Article 58 of the Limitation Act 1963. A suit for declaration of the statuses claimed by the plaintiffs No. 1 to 3 are denied or rather sought to be clarified through a decree of competent Civil Court by way of reply notice, dated 20.07.2023 as per Ex.P.13. If the period of limitation is reckoned from the said date, the suit is in time. Hence issue No.6 is held in Negative.
29. Issue No.7 : - In view of the findings returned on issues No.1 to 6, the plaintiffs are entitled for the relief claimed. Hence issue No.7 is held in the Affirmative.
30. Issue No. 8 : - Hence the following:
ORDER (1) The suit is decreed in the following terms and no order as to costs :
O.S.No.6124/2023 20 (2) It is declared that the name of the plaintiff No.1 is "DARSHAN SHANKAR BANDIVADDAR".
(3) It is declared that the name of the plaintiff No.2 is "SHANKAR CHANNAPPA BANDIVADDAR". (4) It is declared that the name of the plaintiff No.3 is "RENUKA SHANKAR BANDIVADDAR".
(5) It is declared that the date of birth of the plaintiff No.1 is 09.07.2005.
(6) Issue direction to the defendants No.3 and 4 to correct the names of the plaintiffs No.1 to 3 and the date of birth of plaintiff No.1 in Ex.P.1 -
S.S.L.C. Marks card of the plaintiff No.1 and in Ex.P.2 - School Transfer Certificate of plaintiff No.1 in accordance with the declarations made in this decree.
(7) Draw decree accordingly.
(Dictated to the Stenographer Grade-I, transcribed and computerized by her, transcript thereof corrected and then pronounced by me in open court, on this the 29th day of February, 2024.) (D.P. KUMARA SWAMY) VI Addl.City Civil & Sessions Judge Bengaluru City O.S.No.6124/2023 21 ANNEXURE I. List of witnesses examined on behalf of :
(a) Plaintiff's side :
P.W.1 - Sri.Darshan Shankar Bandi Vaddar dt: 18-02-2022
(b) Defendants side : N I L II. List of documents exhibited on behalf of :
(a) Plaintiff's side :
Ex.P.1 Notarised copy of S.S.L.C. Marks card of P.W.1 Ex.P.2 Notarised copy of Transfer Certificate of P.W.1 Ex.P.3 Notarised copy of Aadhaar card of P.W.1.
Ex.P.4 Notarised copy of Aadhaar card of mother of P.W.1.
Ex.P.5 Notarised copy of Aadhaar card of father of P.W.1.
Ex.P.6 Notarised copy of the Birth Certificate of P.W.1 Ex.P.7 Notarised copy of the Caste and Income certificate Ex.P.8 Notarised copy of S.S.L.C Marks of sister of P.W.1 Ex.P.9 Notarised copy of Income Certificate of O.S.No.6124/2023 22 P.W.1 issued by Revenue Department Ex.P.10 Notarised copy of the Birth Certificate of sister of P.W.1 Ex.P.11 Notarised copy of Caste certificate of P.W.1 Ex.P12 Copy of the notice dated 17.02.2023 issued against defendants. Ex.P.13 Reply dated 20.07.2023 given by 3 rd Defendant.
Ex.P.14 Postal receipts ( 4 in number) Ex.P.15 2 postal acknowledgement and one postal consignment Ex.P.16 Affidavit dated 17.01.2024 with regard to the change of name Ex.P.17 The Kannada Prabha Kannada daily news paper dated: 20-01-2024 regarding change of name. Ex.P.18 The New Indian Express daily news paper dated: 20.01.2024 regarding change of name.
(b) Defendants side : NIL (D.P. KUMARA SWAMY) VI Addl. City Civil & Sessions Judge Bengaluru City.
O.S.No.6124/2023 23 29.02.2024 (Judgment pronounced in the open Court Vide Separate Sheet.) ORDER ORDER (1) The suit is decreed in the following terms and no order as to costs :
(2) It is declared that the name of the plaintiff No.1 is "DARSHAN SHANKAR BANDIVADDAR".
(3) It is declared that the name of the plaintiff No.2 is "SHANKAR CHANNAPPA BANDIVADDAR". (4) It is declared that the name of the plaintiff No.3 is "RENUKA SHANKAR BANDIVADDAR".
(5) It is declared that the date of birth of the plaintiff No.1 is 09.07.2005.
O.S.No.6124/2023 24 (6) Issue direction to the defendants No.3 and 4 to correct the names of the plaintiffs No.1 to 3 and the date of birth of plaintiff No.1 in Ex.P.1 - S.S.L.C. Marks card of the plaintiff No.1 and in Ex.P.2 - School Transfer Certificate of plaintiff No.1 in accordance with the declarations made in this decree.
(7) Draw decree accordingly.
(D.P. KUMARA SWAMY) VI Addl. City Civil & Sessions Judge Bengaluru City.
O.S.No.6124/2023 25