Bangalore District Court
Mr. Yesu Alias Yesudas vs The Secretary on 11 December, 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 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: 11TH DECEMBER , 2015.
ORIGINAL SUIT NO. 5363/2014
*****
PLAINTIFF: Mr. Yesu alias Yesudas,
S/o Mr. Das V.A., Aged 30 years,
No.7, V.V. Giri Colony,
Seshadripuram, Bangalore-560 020.
(By Sri A. Subramanya Prasad, Advocate)
- Vs -
DEFENDANTS: 1. The Secretary,
Karnataka Secondary
Examination Board,
Malleswaram, Bangalore-560 003.
2. The Principal,
Siddaganga Junior College,
Tumkur -572 702.
2 O.S.No.5363/2014
3. The Director,
Department of Pre-Univercity
Education, Malleshwaram,
Bangalore-560 003.
4. The Principal, Government
Pre-University College,
B.H. Road, Bangalore-560 102.
5. The Chief Secretary,
Government of Karnataka,
Vidhana Soudha, Vidhanaveedi,
Bangalore-560 009.
(Placed exparte)
*****
Date of institution of the suit 14-07-2014.
Nature of the suit: Declaration & Injunction
Date of the commencement 11-11-2015.
of recording of the evidence:
Date on which the Judgment 11-12-2015.
was pronounced
Total duration Year/s Month/s Day/s
01 05 27
*******
JUDGMENT
The plaintiff has filed this suit to declare his name as Krishna Das and directing the defendants to change the name of the plaintiff as Krishna Das, instead of Yesudas, in his SSLC and PUC marks card and also in his school transfer certificates.
2. The case of the plaintiff, as made out in the plaint, is as follows:
3 O.S.No.5363/2014
The plaintiff is the resident of Bangalore and working in a private firm. The plaintiff completed his SSLC education during the year 1999 and PUC education during the year 2001. The plaintiff intends to change his name as Krishna Das, to come up in life and avoid bad days and difficulties, as per the advise of the Numerologist. The plaintiff given a paper publication regarding change of his name as Krishna Das. The plaintiff also issued the legal notice calling upon the defendants to change his name in school records. But, defendants have failed to comply the said legal notice. Therefore, plaintiff constrained to file this 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 21 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?4 O.S.No.5363/2014
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.
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 and deposed that he is the resident of Bangalore and working in a private firm. PW.1 further deposed that he was named as Yesudas and same was entered in all his school records. PW.1 further deposed that due to advice of the Numerologist, he wants to change his name as Krishna Das, so as to avoid bad days and difficulties and also to come up in the life. PW.1 further deposed that he has given the paper publication regarding change of his name and also issued legal notice calling upon the defendants to change his name in the school records. PW.1 further deposed that, since the defendants have failed to comply his request, he filed the present suit.
9. The plaintiff has produced the SSLC and PUC marks cards as per Exs.P-1 and 2. The School transfer certificate is 5 O.S.No.5363/2014 marked as per Ex.P-3. The Paper publication given by the plaintiff regarding change of his name is marked as per Ex.P-4. The election I.D. card, Aadhar card and Pan card of the plaintiff were marked as per Exs.P-5 to 7. The legal notice sent to the defendants were marked as per Ex.P-8. The postal receipts and postal acknowledgments were marked as per Exs.P-9 to 15. The reply given by the defendants were marked as per Exs.P-16 and
17. The letter issued to the Postal department is marked as per Exs.P-18 to 20. The postal acknowledgments were marked as per Ex.P-21.
10. As I said earlier, defendants failed to appear before this Court in spite of service of summons on them. Hence, they placed exparte. Due to the non-appearance of the defendants and written statement being not filed, 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 P-21 remained unchallenged. There is no rebuttal or contradictory evidence to disbelieve the undisputed pleadings and unchallenged evidence of the plaintiff.
11. It is the specific case made out by the plaintiff that he was named as Yesudas and same was entered in his school 6 O.S.No.5363/2014 records and as per the advice of the Numerologist, he wants to change his name as Krishna Das. The plaintiff produced his SSLC marks card, PUC marks card and School Transfer certificate as per Exs.P-1 to 3, wherein his name was entered as Yesudas. Regarding change of his name, plaintiff has already given a paper publication as per Ex.P-4 to change his name as Krishna Das instead of Yesudas. On the basis of the said paper publication and change of name, plaintiff's name is already entered as Krishna Das in his personal documents like Election I.D. card, Aadhar card and Pan card, as evident from Exs.P-5 to
7. Now to change his name in his school records and to rectify the school records, he filed the present suit.
12. Before the institution of this suit the plaintiff issued a legal notice as per Ex.P-8. But, the defendants have not complied the request of the plaintiff made through the legal notice. Now as per the Government circular, any rectification in the school records cannot be changed to the decree from the Civil Court. Therefore, the plaintiff has approached the Court.
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 7 O.S.No.5363/2014 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), the 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 has complied Sec.80 of CPC before the institution of this suit. The plaintiff is not intended to make any unlawful gain or there is no such malafide intention on the part of the plaintiff in filing the present suit seeking change of her name. Therefore, I hold that the plaintiff is entitled for the relief of declaration and mandatory injunction as claimed in this suit. Since the plaintiff has legally changed his name as Krishna Das, his school records have to be rectified accordingly. Hence, I answer the point no.1 in the affirmative.
POINT NO. 2:-
14. In view of my findings on the above points, suit filed by the plaintiff deserves to be decreed. Considering the 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:- 8 O.S.No.5363/2014
ORDER The suit filed by the plaintiff is decreed in the following terms.
It is declared that the plaintiff's name is Krishna Das.
Consequently, defendants are hereby directed to rectify the school records of the plaintiff like SSLC Marks card, PUC Marks card and School transfer certificate, by entering his name as Krishna Das, instead of Yesudas.
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 11th day of December, 2015).
(MANJUNATH NAYAK) XVI ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE.
()()()()()() ANNEXURE LIST OF WITNESSES EXAMINED FOR PLAINTIFF:-
PW.1 Mr. Yesu alias Yesudas LIST OF DOCUMENTS MARKED FOR PLAINTIFF:-
Ex.P-1 SSLC Marks card
Ex.P-2 PUC Marks card
Ex.P-3 School transfer certificate
9 O.S.No.5363/2014
Ex.P-4 Paper publication
Ex.P-5 Election I.D. card
Ex.P-6 Adhar card
Ex.P-7 PAN card
Ex.P-8 Legal notice
Ex.P-9 to 12 Postal receipts
Ex.P-13 to 15 Postal acknowledgments Ex.P-16 & 17 Reply given by the defendants Ex.P-18 to 20 Letters issued by postal department.
Ex.P-21 Postal acknowledgment.
LIST OF WITNESSES EXAMINED FOR DEFENDANT:-
- NIL -
LIST OF DOCUMENTS MARKED FOR DEFENDANT:-
- NIL -
(MANJUNATH NAYAK) XVI ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE.10 O.S.No.5363/2014
(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 plaintiff's name is Krishna Das.
Consequently, defendants are hereby directed to rectify the school records of the plaintiff like SSLC Marks card, PUC Marks card and School transfer certificate, by entering his name as Krishna Das, instead of Yesudas.
I direct both the parties to bear their respective costs.
Draw decree accordingly.
(MANJUNATH NAYAK) XVI ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE.