Bangalore District Court
Sri Suprabhath Sharma vs The Director Of Karnataka on 24 November, 2017
[C.R.P. 67] Govt. of Karnataka
Form No.9 (Civil)
Title Sheet for
Judgment in
Suits (R.P.91)
IN THE COURT OF THE XLIII ADDL. CITY CIVIL
& SESSIONS JUDGE, BENGALURU. (CCH 44)
Dated: This the 24th day of November, 2017
PRESENT
Sri. V.H. WADAR, B.A., LL.B.(Spl.),
XLIII ADDL. CITY CIVIL & SESSIONS JUDGE,
BENGALURU.
O.S. No.2432/2016
PLAINTIFF : Sri Suprabhath Sharma
S/o Baldev Sharma
Aged about 23 years
R/at No.21, Narayana Building,
VGST Road, 4th Block,
Doddabommasandra,
Vidyaranyapura,
Bengaluru-560 097
(By Sri Vasanth B.H., Advocate)
VS.
DEFENDANTS : 1. The Director of Karnataka
Secondary Education Examination
Board,
6th Cross, Malleshwaram,
Bengaluru-560003
2. The Director of Pre-University
Education and Examination Board,
2 O.S.No.2432/2016
Palace Road,
Bengaluru-560 001.
3. The Vice Chancellor,
University of Bengaluru
Palace Road,
Bengaluru-560 001.
4. The Commissioner,
BBMP, Birth and Deaths
Corporation Circle,
Bengaluru-560 027.
5. The DDPI
DDPI Office, Bengaluru North District
Near Mysore Bank Circle,
Bengaluru-560 001.
(D1 to D3 & D5 - Exparte
D4 by Sri D. Nagaraja , Advocate)
Date of Institution of the suit: 23/03/2016
Nature of the Suit (Suit for
pronote, suit for declaration and Suit for Declaration
possession, Suit for injunction,
etc,) :
Date of the commencement of 16/09/2016
recording of the Evidence:
Date on which the Judgment was 24/11/2017
pronounced:
Total Duration : Year/s Month/s Day/s
01 08` 01
(V.H. WADAR)
XLIII ADDL. CITY CIVIL & SESSIONS JUDGE,
BENGALURU.
3 O.S.No.2432/2016
JUDGMENT
Plaintiff has filed suit for judgment and decree by declaring that the plaintiff's name as SUPRABHATH SHARMA S/o Sheshanatha Sharma and Manju Sharma and consequently direct the defendants to carry out the changes in all the records issued to the plaintiff.
2. The brief facts of the case are as under:
Plaintiff contends that he is permanent resident of Bengaluru. The plaintiff has completed his secondary education at BEL High School, Jalahalli, Bangalore North. At the time of joining to the school, the plaintiff and his parents furnished his name as Suprabath Sharma, S/o Sheshnath Sharma and Manju Sharma. After completion of secondary education, defendant No.1 has issued marks card on 05/04/2001 and in the said marks card the plaintiff's name is mentioned as Suprabath Sharma, S/o Baldev Sharma and Manju Sharma instead of plaintiff's father name Sheshanath Sharma.4 O.S.No.2432/2016
The plaintiff further contends that after completion of secondary education, he continued and joined Pre-University education at KNE Trust, PU College, Doddabommasandra, Jalahalli, Bengaluru-560 097. At the time of joining the college, plaintiff submitted his SSLC marks card and other documents. After completion of pre university education, defendant No.2 had issued marks card mentioning the plaintiff's name as Suprabath Sharma, S/o Bal Dev Sharma and Manju Sharma instead of plaintiff's father name as Sheshanath Sharma.
Plaintiff further contends that after completion of his pre university education, he completed his post graduation course at St. Claret Degree College, PO Box 1355, MES Ring Road, Jalahalli, Bengaluru and defendant No.3 had issued marks card and convocation, mentioning the plaintiff's name as Suprabhath Sharma, S/o Baldev Sharma instead of plaintiff's father name as Sheshanath Sharma. Plaintiff has applied for his birth certificate, at the time of applying birth certificate, the plaintiff submitted his SSLC marks card. Defendant No.4 issued birth certificate on 04/11/2011, in that certificate the defendant No.4 had mentioned 5 O.S.No.2432/2016 the plaintiff's name as Suprabhath Sharma S/o Bal Dev Sharma and Manju Sharma instead of plaintiff's father name Sheshanath Sharma.
Plaintiff had issued statutory notice dated 02/12/2015 U/Sec.80 of C.P.C. to defendant Nos.1 to 5 and defendant No.3 got issued reply. Plaintiff has produced the election ID card, driving licence, Aadhaar Card, PAN card and Aadhaar card of his father, ration card, election ID of his father showing the name of the plaintiff's father as Sheshanath Sharma. When the plaintiff approached concerned authority for his job, the said authority objected and asked the plaintiff to change his father's name in his SSLC, PUC and Degree marks card and also in his birth certificate. Hence plaintiff approached this Court for correction of his father's name in the records issued by the defendants. Hence this suit.
3. Inspite of service of summons, defendant Nos.1 to 3 and 5 remained absent and hence placed exparte. Though defendant No.4 appeared through counsel, has not filed the written statement.
6 O.S.No.2432/2016
4. The plaintiff himself examined as P.W.1, got marked Exs.P.1 to P.33 and closed plaintiff's side.
5. The points that arise for my consideration are:-
1. Whether plaintiff proves that his father's name is Sheshanath Sharma instead of Baldev Sharma?
2. What order?
6. Heard the arguments.
7. My findings on the above Points are:-
Point No.1: In the affirmative Point No.2: As per final order for the following :-
REASONS
8. Point No.1:- It is the case of the plaintiff that the plaintiff had completed his secondary education at BEL High School, Jalahalli, Bengaluru North and at the time of joining to school his parents furnished his name as Suprabhath Sharma, S/o Sheshnath Sharma and Manju Sharma. After the completion of secondary education, defendant No.1 had issued marks card and in the said marks card his name is mentioned as Suprabhath 7 O.S.No.2432/2016 Sharma, S/o Baldev Sharma instead of his father name as Sheshnath Sharma. He completed his Pre University Education at KNE Trust PU College, Doddabommasandra, Jalahalli, Bengaluru and in his PUC marks card issued by defendant No.2 also his father's name is shown as Baldev Sharma instead of Sheshnath Sharma and in his BCA degree marks cards issued by defendant No.3 and also convocation certificate also his father's name is shown as Baldev Sharma instead of Sheshnath Sharma. In the birth certificate also name of the father of plaintiff is shown as Baldev Sharma instead of Sheshnath Sharma. When the plaintiff approached concerned authority for his job, the said authority objected and asked the plaintiff to change his father's name in his SSLC, PUC and Degree marks card and also in his birth certificate The plaintiff after noticing the mistake of his father's name in the marks card, he had issued statutory notice dated 02/12/2015 U/Sec.80 of C.P.C. to the defendant No.1 to 5 requesting them for correction of his father's name. But the defendants have directed the plaintiff to get court order. Hence this suit.
8 O.S.No.2432/2016
9. Plaintiff himself examined as P.W.1 and he reiterated the facts narrated in the plaint. Plaintiff has produced his SSLC marks card at Ex.P.1, PUC marks card at Ex.P.2, 6 BCA degree (Semisters) marks cards at Ex.P.3 to P.8, convocation certificate at Ex.P.9, his birth certificate at Ex.P.10, 5 legal notices at Ex.P.11 to P.15, 5 postal receipts are marked at Ex.P.16 to P.20. The plaintiff has also produced his election ID card at Ex.P.28, driving licence at Ex.P.29, Aadhaar card at Ex.P.30 and pan card at Ex.P.31. The plaintiff has produced Aadhaar card and ration card of his father at Ex.P.32 and 33 to show that his father's name is Sheshnath Sharma.
10. The Aadhaar card and ration card of father of the plaintiff reveals that name of the plaintiff's father is Sheshnath Sharma, which are marked at Ex.P.32 and 33. The election ID card, driving licence, Aadhaar card and Pan card of plaintiff, which are marked at Ex.P.28 to P.31 also reveals that his father's name is Sheshnath Sharma. The evidence of the plaintiff is not challenged by the defendants. Hence plaintiff has established and 9 O.S.No.2432/2016 proved that his father's name is Sheshnath Sharma instead of Baldev Sharma and I answer point No.1 in the 'affirmative'.
11. Point No.2 :- For the reasons discussed above and in view of findings given on the above point, I proceed to pass the following:-
ORDER The suit of the plaintiff is hereby decreed declaring that the plaintiff's name is Suprabhath Sharma, S/o. Sheshnath Sharma and Manju Sharma.
Defendants are directed to change the name of the plaintiff's father as 'Sheshnath Sharma' instead of 'Baldev Sharma' in all the records maintained by them pertains to the plaintiff, after collecting necessary fees, if any.
No order as to costs.
(Dictated to the Stenographer, computerized by her, corrected and then pronounced by me in Open Court on this the 24th day of November, 2017.) (V.H. WADAR) XLIII ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU.10 O.S.No.2432/2016
ANNEXURE List of witness examined for the plaintiff/s:-
P.W.1 : Suprabhath Sharma List of witness examined for the defendant/s:-
-NIL-
List of documents marked for the plaintiff/s:-
Ex.P.1 : SSLC marks card
Ex.P.2 : PUC marks card
Ex.P.3 to : 6 BDA degree marks card
P.8
Ex.P.9 : Convocation certificate
Ex.P.10 : Birth certificate
Ex.P.11 to : 5 legal notices
P.15
Ex.P.16 to : 5 postal receipts
P.20
Ex.P.21 & : 2 acknowledgements
P.22
Ex.P.23 : Reply notice issued by defendant No.3
Ex.P.24 & : 2 postal complaints
P.25
Ex.P.26 & : Reply from postal department
P.27
Ex.P.28 : Election ID card
Ex.P.29 : Driving licence
Ex.P.30 : Aadhaar card
Ex.P.31 : PAN card
Ex.P.32 : Aadhaar card of plaintiff's father
Ex.P.33 : Ration card
11 O.S.No.2432/2016
List of documents marked for the defendant/s:-
-NIL-
(V.H. WADAR) XLIII ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU.