Bangalore District Court
Kavya Rathnaraja Jain vs The Head Master Ghps Melagapete on 3 May, 2025
KABC010279542024
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 3rd DAY OF MAY 2025
PRESENT: Sri. S. NATARAJ, B.A.L., LL.B.,
(Name of the Presiding Judge)
O.S.NO.7674/2024
PLAINTIFF Smt. Kavya Rathnaraja Jain
W/o Darshana P.,
Aged about 36 years
Padma Nilaya, 1st Cross,
Panchavati Colony,
Shimoga - 577201.
Also at :
Residing at No.12,
Parijatha, Ground Floor,
Malleshpalya 3rd Main,
3rd Cross, Bangalore.
[By Sri N.K.S., Advocate]
/Vs/
DEFENDANTS 1. The Head Master,
GHPS Megalapete,
2
OS.No. 7674/2024
Primary School,
Harapan Halli,
Harapan Halli North
Hrp Ward No.14,
Davanagere District,
Karnataka - 583131.
2. The Secretary,
Deputy Director of
Public Instruction,
7th Standard District
Level Public Examination Board,
PJ Extension, Davangere,
Davangere - 577002.
(Near Ambedkar Circle)
3. The Head Master,
GHPS Megalapete,
High School,
Harapan Halli,
Harapan Halli North
Hrp Ward No.14,
Davanagere District,
Karnataka - 583131.
4. The Secretary,
Karnataka Secondary
Education Examination Board,
6th Cross, Malleswaram,
Bangalore - 560003,
Karnataka, India.
5. The Principal,
SSH Jain PU College,
Harapan Halli,
Harapan Halli City
Davanagere District,
Karnataka - 583131.
6. The Director,
Department of Pre
University Education,
3
OS.No. 7674/2024
18th Cross Road,
Sampige Road, Malleswaram,
Bangalore - 560012.
Karnataka, India.
7. The Principal,
Sri Chandrashekara Swamy
D.ED College,
Harapan Halli,
Davanagere District - 583131.
8. The Secretary,
Karnataka Secondary
Education Examination Board,
Diploma in Education (D.Ed.)
6th Cross, Malleswaram,
Bangalore - 560003,
Karnataka, India.
9. The Chief Secretary,
Education Department,
Vidhanasouda,
Bangalore - 560 001.
[For D-1 to 4, 8 & 9 by DGP]
[D-5 to D-7 : Exparte]
Date of Institution of the suit : 30-10-2024
Nature of the Suit : Declaration
Date of commencement of recording
of evidence : 05-02-2025
Date on which the Judgment was
pronounced : 03-05-2025
4
OS.No. 7674/2024
Year/s Month/s Day/s
Total Duration : 00 06 03
(S. NATARAJ)
VI ADDL. CITY CIVIL & SESSIONS JUDGE
BENGALURU CITY
JUDGMENT
This is a suit for declaration to declare the plaintiff name as "Kavya Rathnaraja Jain" instead of 'Kavya Rathnaraja Shetty' and direct the defendants to correct her name as "Kavya Rathnaraja Jain" in her records pertain to State and Central Government and other authorities.
2. The plaintiff's case in brief are as under :
The plaintiff has studied Primary and Middle school in defendants No.1 and 2 school. At the time of admission with the defendant No.3 the name was wrongly given as 'Kavya Rathnaraja Shetty' instead of "Kavya Rathnaraja Jain". The 4th defendant on the basis of records maintained by the defendant No.3 5 OS.No. 7674/2024 had issued SSLC marks card showing the name as 'Kavya Rathnaraja Shetty'. After completion of SSLC the plaintiff has joined the 5th defendant college, there also same name has been continued. In 7 th and 8th defendants Institution also plaintiff name shown as 'Kavya Rathnaraja Shetty' instead of "Kavya Rathnaraja Jain". The plaintiff correct name is "Kavya Rathnaraja Jain". The Aadhaar card, PAN card and Pass book show her correct name. The plaintiff requested the defendants to correct her name, but, they have not corrected and issued notice under Sec.80 CPC and thereafter filed the suit for declaration.
3. The defendants No.1 to 4, 8 & 9 appeared through DGP. The defendants No.5 to 7 placed exparte. In the written statement of defendant No.3 adopted by defendants No.4, 8 and 9 contended that the suit is not maintainable. The plaintiff has not made necessary parties to the suit and bad for non- 6
OS.No. 7674/2024 joinder of necessary parties, barred by limitation and Sec.80 CPC is not complied and prayed for dismissal of the suit.
4. On the basis of pleadings, 5 issues are framed are as follows :
ISSUES
1) Whether the plaintiff proves that her name is 'Kavya Rathnaraj Jain' ?
2) Whether the plaintiff proves that her name is wrongly recorded as in her educational records as 'Kavya Rathnaraj Shetty' ?
3) Whether the Defendants No.1 to 4, 8 and 9
proves that the suit is barred by limitation and no cause of action to file a suit?
4) Whether the Plaintiff is entitled for declaration and consequential relief?
5) What Decree or Order?
5. The plaintiff examined herself as PW.1. Exs.P-1 to P-16 documents are marked. The defendants not chosen to lead evidence. Exs.D-1 to D-3 documents are marked through PW.1.
7
OS.No. 7674/2024
6. Heard arguments of both sides. Perused the records.
7. 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 Negative
Issue No.4 : In the Affirmative
Issue No.5 : As per the final order,
for the following:
REASONS
8. ISSUES NO.1 TO 4 : All these issues are taken together for common consideration to avoid the repetition of facts.
9. The PW.1 - Smt. Kavya Rathnaraja Jain in her chief examination evidence deposed as per the plaint averments that her name is "Kavya Rathnaraja Jain". But, in defendants No.1 to 8 school and Institution wrongly shown her name as 'Kavya Rathnaraja 8 OS.No. 7674/2024 Shetty'. The Aadhaar card and PAN card discloses correct name of plaintiff. The plaintiff has made representation to defendants to correct hr name. They failed to correct it and notice under Sec.80 CPC was issued, even then the defendants have not corrected the name. Accordingly, filed the suit.
10. The plaintiff apart from oral evidence produced Ex.P-1 is 7th standard marks card, Ex.P-2 is SSLC marks card, Ex.P-3 is PUC marks card, Ex.P-4 is 1 st year DEd., marks card and Ex.P-5 is 2 nd year DEd., marks card and Ex.P-6 is Certificate in respect of DEd., in all those records the plaintiff name recorded as 'Kavya Rathnaraja Shetty'. Ex.P-7 is Aadhaar card, wherein the name of the plaintiff shown as "Kavya Rathnaraja Jain". Ex.P-8 is Bank Pass book, Ex.P-9 is PAN card, her name is shown as "Kavya Rathnaraja Jain". Ex.P-14 is the Transfer Certificate, wherein plaintiff name shown as 'Kavya Rathnaraja Shetty'. Ex.P-13 is the endorsement by 9 OS.No. 7674/2024 the defendants, Ex.P-10 is legal notice issued to the defendants to correct the name. Ex.P-11 is postal receipts and Ex.P-12 is postal acknowledgments.
11. From the documents produced by the plaintiff her name is shown in the educational records as 'Kavya Rathnaraja Shetty'. However, in Aadhaar card, PAN card and Bank Pass book her name is shown as "Kavya Rathnaraja Jain". Exs.P-1 to P-3 the School admission extract, Transfer Certificate and Admission application, wherein the plaintiff name shown as 'Kavya Rathnaraja Shetty'.
12. The plaintiff produced Ex.P-15 - Affidavit regarding change of her name from 'Kavya Rathnaraja Shetty' to "Kavya Rathnaraja Jain". Exs.P-16 and 17 are the public notice regarding change of her name. PW.1 has been cross-examined by the defendants counsel, it elicited in the school record her name is shown as 'Kavya Rathnaraja 10 OS.No. 7674/2024 Shetty'. The suit is filed for change of her name from 'Kavya Rathnaraja Shetty' to "Kavya Rathnaraja Jain". She admits as per information given by her parents her name is shown as 'Kavya Rathnaraja Shetty' in the educational records. PW.1 also admits there is no mistake on the part of the defendants. The plaintiff got changed her name from 'Kavya Rathnaraja Shetty' to "Kavya Rathnaraja Jain" by following due procedure in swearing an affidavit before the Notary Public and public notice in Kannada and English daily news papers.
13. The judgment of Hon'ble High Court of Karnataka in 2016 SCC Online KAR 7977 Smt. Dorasanamma v. State of Karnataka in para 9 of the judgment observed as follows :
"9. ....... 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, 11 OS.No. 7674/2024 the question of 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."
14. As per the judgment it is the wish of the parties to change her name any time by following procedure. The procedure has been duly complied. Therefore, the plaintiff is entitled of declaration. The defendants have failed to correct the name. The suit is not barred by limitation by bad for non-joinder of necessary parties. Accordingly, the plaintiff entitled for the relief of declaration and answered issues No.1, 2 and 4 in the Affirmative and issue No.3 in the Negative.
15. ISSUE NO.5: In view of my findings on issues No.1 to 4, I proceed to pass the following: 12
OS.No. 7674/2024 ORDER The suit of the plaintiff is decreed. It is declared that the plaintiff name is "Kavya Rathnaraja Jain".
The defendants are directed to correct the plaintiff name as "Kavya Rathnaraja Jain" by deleting 'Kavya Rathnaraja Shetty' in her educational records, public records maintained by the authorities.
No order as to costs.
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 3rd day of May 2025) (S. NATARAJ) VI Addl.City Civil & Sessions Judge Bengaluru City.13
OS.No. 7674/2024 ANNEXURE
1. List of witnesses examined on behalf of :
(a) Plaintiff's side :
P.W.1 Kavya Rathnaraj Jain- dt: 05-02-2025
(b) Defendants' side : - NIL -
2. List of documents exhibited on behalf of :
(a) Plaintiff's side :
Ex.P.1 Original 7th standard marks card
Ex.P.2 Original SSLC marks card
Ex.P.3 PUC marks card
Ex.P.4 Original two D.Ed. Marks cards
and
Ex.P.5
Ex.P.6 Original D.Ed certificate
Ex.P.7 Notarized copy of Aadhaar card of mine
Ex.P.8 Notarized attested copy of details of bank
statement of mine
Ex.P.9 Notarized copy of PAN card of mine
Ex.P.10 Section 80 notice dated 20-07-2024
Ex.P.11 9 postal RPAD receipts marked in series
Ex.P.12 4 postal acknowledgments marked in series
Ex.P.13 Reply notice of Defendant No.7
Ex.P.14 True copy of transfer certificate issued by
Defendant No.7
Ex.P.15 Affidavit sworned before notary public
regarding change of my name
Ex.P.16 Public notice regarding change of my name
and in Kannada Prabha, Kannada daily
Ex.P.17 newspaper and New Indian Express,
English daily newspaper dated 04-03-2025 14 OS.No. 7674/2024
(b) Defendants' side :
Ex.D.1 Admission register extract.
Ex.D.2 Transfer Certificate
Ex.D.3 True copy of Admission application.
VI Addl. City Civil & Sessions Judge Bengaluru City.