Bangalore District Court
Sri Shivalingaiah G vs Chief Secretary on 29 October, 2015
C.R.P. 67) Govt. Of Karnataka
Form
No.9(Civil)
Title sheet
for
Judgment
in Suits
(R.P.91)
TITLE SHEET FOR JUDGEMENTS IN SUITS
IN THE COURT OF THE XVI ADDL.CITY CIVIL AND
SESSIONS JUDGE, BANGALORE CITY.
(CCH.NO.12)
PRESENT : SRI MANJUNATH NAYAK,
B.A.L.,LL.B.,
XVI ADDL. CITY CIVIL &
SESSIONS JUDGE,
BANGALORE CITY.
DATED: 29TH OCTOBER, 2015.
ORIGINAL SUIT NO.7024/2014
*****
PLAINTIFF: Sri Shivalingaiah G., Aged 41 years,
S/o Late Gangaiah @ Chikkagangaiah
R/at No.366, 9th Cross,
1st Main, Kamalanagara, Bangalore-79.
(By Sri R.S. Patil, Advocate)
- Vs -
DEFENDANTS: 1. Chief Secretary,
Government of Karnataka,
Vidhana Soudha, Bangalore-01.
2. The Director for Public
Instructions, New Public Office,
Nrupatunga Road, Bangalore-560 002.
O.S.No.7024/2014
3. Head Master,
Govt. Hostel School,
Doddakannalli,
Bangalore East Taluk.
(Placed exparte)
*****
Date of institution of the suit 12-09-2014.
Nature of the suit: DECLARATION & INJUNCTION.
Date of the commencement 03-10-2015.
of recording of the evidence:
Date on which the Judgment 29-10-2015.
was pronounced
Total duration Year/s Month/s Day/s
01 01 17
*******
JUDGMENT
The plaintiff filed this suit to declare his name as Shivalingaiah G and his father's name as Gangaiah and for mandatory injunction directing the defendants to change the school records of the plaintiff by entering his name as Shivalingaiah G and his father's name as Gangaiah.
2. The case of the plaintiff, as made out in the plaint, is as follows:
The plaintiff is the son of late Gangaiah @ Chikka Gangaiah and plaintiffs name is Shivalingaiah S/o Gangaiah. When the plaintiff obtained his school transfer certificate, he came to know that in his school records, his name is entered as O.S.No.7024/2014 Shivalinga and his father's name entered as Rangaih. The defendants have not changed the name of the plaintiff and his father's name in his school records, which made the plaintiff to file the present suit. On these grounds, plaintiff claimed a decree for declaration and mandatory injunction in the above terms.
3. In spite of service of suit summons, defendants failed to appear before this court and placed exparte.
4. To prove and substantiate his case, plaintiff examined before this Court as PW.1 and got marked Exs.P-1 to 7 documents.
5. I have heard the arguments.
6. The points that arose for my consideration are:
1. Whether the plaintiff is entitle for the decree of declaration and mandatory injunction as prayed in this suit?
2. What Order or decree?
7. My answer for the above points in the following, because of my below-discussed reasons:
POINT NO.1 : IN THE AFFIRMATIVE
POINT NO.2 : AS PER FINAL ORDER.
O.S.No.7024/2014
REASONS
POINT NO.1:-
8. The plaintiff, who was examined before this Court as PW.1, has reiterated the plaint averments in his examination in- chief affidavit and deposed that his name is Shivalingaiah G and his father's name is Gangaiah. PW.1 further deposed that, in his school records, his name is entered as Shivalinga G instead of Shivalingaiah G and his father's name is entered as Ramaiah instead of Gangaiah. PW.1 further deposed that the defendants have not rectified the wrong entry in his school records, which made him to file the present suit.
9. The plaintiff produced the affidavit filed by him regarding change of his name and his father's name in his school records as per Ex.P-1 and 2. The application given to the defendants for making changes in the school records of the plaintiff were marked as per Ex.P-3. The Election Identity Card of the plaintiff and his father were marked as per Exs.P-4 and 5. Aadhar card of the plaintiff is marked as per Ex.P-6. The endorsement issued by the defendant No.3 school is marked as per Ex.P-7.
O.S.No.7024/2014
10. As I said earlier, in spite of service of the summons, the defendants failed to appear before this Court and accordingly they placed exparte. Due to the non-appearance of the defendants and written statement being not filed by the defendants, plaint averments remained unchallenged. PW.1 was not cross-examined. Therefore, his oral testimony and the documents produced by the plaintiff as per Exs.P-1 to 7 remained unchallenged. There is no rebuttal or contradictory evidence to disbelieve the version of the plaintiff.
11. Along with this suit, plaintiff filed I.A.No.1 under Sec.80(2) of CPC for permitting him to file the suit by dispensing with the issuance of statutory notice to the defendants. The defendants have not come forward to file any objections to the said application. Considering urgency shown by the plaintiff that he wants the school records to be changed to get his driving license, I feel it is just and proper to permit the plaintiff to file this suit by dispensing with the issuance of statutory notice to the defendants. Hence, I.A.No.1 filed by the plaintiff is allowed and he is permitted to file the suit by dispensing with the issuance of statutory notice to him.
O.S.No.7024/2014
12. It is the case of the plaintiff that his name is Shivalingaiah G and his father's name is Gangaiah and in his school records, his name entered as Shivalinga G and his father's name as Rangaiah wrongly. To show his actual name as Shivalingaiah G, plaintiff produced his Election identity card as per Ex.P-5 and Adhar card as per Ex.P-6. Both these documents show the name of the plaintiff as Shivalingaiah G. To show his father's name as Gangaiah, plaintiff produced the Election Identity card of his father as per Ex.P-4, wherein plaintiffs father's name is shown as Gangaiah. Even in Ex.P-6 Adhar card name of the plaintiff's father is shown as Gangaiah. The defendants have not come forward to deny the same and dispute those documents. Therefore, it is proved before this court that the plaintiff's name is Shivalingaiah G and his father's name is Gangaiah. To show that his name and his father's name were wrongly entered in his school records, plaintiff produced endorsement issued by the defendant No.3 school as per Ex.P-7, wherein his name is entered as Rangaiah. To rectify the wrong entries in his school records, plaintiff has already executed two affidavits before the Notary as per Exs.P-1 and 2. Now as per the Government circular, any entries in the school records O.S.No.7024/2014 cannot be changed without the decree from the Civil Court. Therefore, the plaintiff constrained to file this suit.
13. As per the unreported decisions of our High Court in RFA No.947/2013 dated 10-12-2013 (Srinidhi vs. Government of Karnataka and others), RFA No.1044/2009 dated 02-01-2013 (Hucheshwara S. Mali vs. Head Master and others) and RFA No.1994/2013 dated 25-02-2014 (Ms. Shruthi Yellamma vs. Regional Passport Officer), suit for change of name is maintainable before the Civil Court, as there is no other provisions or procedures provided for change of names in the school records. The plaintiff is not an employee in any Government department or any agency. There is no such malafide intention on the part of the plaintiff in seeking the relief to change his name and his father's name in his school records. Considering all these aspects, I feel it is just and proper to grant the decree for declaration and mandatory injunction as claimed by the plaintiff in this suit. Accordingly, I answer the point No.1 in the Affirmative..
POINT NO. 2:-
14. In view of my findings on the above point No.1, suit filed by the plaintiff is deserves to be decreed. Considering the O.S.No.7024/2014 facts and circumstances of this case, I feel it is just and proper to direct both the parties to bear their respective costs. Accordingly, I proceed to pass the following order:-
ORDER The suit filed by the plaintiff is decreed in the following terms:
It is declared that the name of the plaintiff is Shivalingaiah G and his father's name is Gangaiah.
Consequently, defendants are hereby directed to change the name of the plaintiff as Shivalingaiah G instead of Shivalinga G and his father's name as Gangaiah instead of Rangaiah in his all school records.
I direct both the parties to bear their respective costs.
Draw decree accordingly.
******* (Dictated to the Judgment Writer, transcribed by her, the transcript corrected by me, signed and then pronounced by me in open Court on this the 29th day of October,2015).
(MANJUNATH NAYAK) XVI ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE.
()()()()()() O.S.No.7024/2014 ANNEXURE LIST OF WITNESSES EXAMINED FOR PLAINTIFF:-
PW.1 Shivalingaiah LIST OF DOCUMENTS MARKED FOR PLAINTIFF:-
Ex.P-1 & 2 Affidavits.
Ex.P-3 Application Ex.P-4 & 5 Election Identity cards. Ex.P-6 Adhar card Ex.P-7 Endorsement
LIST OF WITNESSES EXAMINED FOR DEFENDANT:-
- NIL -
LIST OF DOCUMENTS MARKED FOR DEFENDANT:-
- NIL -
(MANJUNATH NAYAK) XVI ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE.
O.S.No.7024/2014 (Judgment pronounced in open Court vide separate judgment) ORDER The suit filed by the plaintiff is decreed in the following terms:
It is declared that the name of the plaintiff is Shivalingaiah G and his father's name is Gangaiah.
Consequently, defendants are hereby directed to change the name of the plaintiff as Shivalingaiah G instead of Shivalinga G and his father's name as Gangaiah instead of Rangaiah in his all school records.
I direct both the parties to bear their respective costs.
Draw decree accordingly.
(MANJUNATH NAYAK) XVI ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE