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5. On second appeal to this Court, the above concurrent finding of fact is sought to be got over, on behalf of the appellant, by urging that as it was based on inadmissible evidence it was vitiated. Mr. Bhabanand Mukherji, who appeared for the appellant, developed his argument by contending :

1. That the Admission Register of the School, Ext. A, which has largely influenced the decision of the courts below, is inadmissible, because the mother of the plaintiff, on whose statement, admittedly as deposed to by P.W. 1, the age of the plaintiff was recorded in the Admission Register, Ext. 1, although alive, had not been examined, and therefore, unless the maker of the statement is examined, Ext. 1 cannot, in law, be used in evidence. In support of his contention, he placed strong reliance on a Bench decision of the Calcutta High Court in Janald Nath Roy v. Jyotish Chandra Acharya, AIR 1941 Cal 41 and on a Single Judge decision of the Lahore High Court in Asa Nand v. Gian Chand, AIR 1936 Lah 598;

7. In support of the plaintiff's case, a teacher; (P.W. 1), Godi, L. P. School, where the plaintiff received his education was examined. He produced the Admission Register of the School and proved the relevant entry No. 117, dated 2-1-1931 (Ext. 1) on which date the plaintiff Mangaram Gorain was admitted in the school, and, this states the date of birth of the plaintiff to be in May, 1925, and, at the time of his admission in the school, the plaintiff is shown to be aged 5 years 8 months. This Admission Register of the School also bears the signature of the Superintendent of Schools, Sri H. Misra, whose signature was proved by P. W. 1 as Ext. 1 (a). P.W. 1 stated that the date of birth of the plaintiff was recorded in the Admission Register, Ext. 1, the statement of his mother. It may be mentioned that the genuineness of the School Admission Register is not challenged.

In the present case, there is no dispute that the school in question was such a recognised school. Article 187 prescribes the Registers which must be maintained by every recognised school. Article 187 (1) speaks of 'Admission Register', and, it provides by its Clauses (a) to (k), the various particulars, which it must contain. One of the several particulars, mentioned in Clauses (a) to (k) of Article 187 (1), which an Admission Register must contain, is laid down in Clause (e), which is 'Date of birth' (year, month and day)'. Clearly, therefore, the entry regarding the date of the birth of the plaintiff in this Admission Register of the School, Ext. 1, would be relevant under S. 35 of the Evidence Act, hereinafter referred to as 'the Act'.

12. From Article 187 of the Education Code, and Section 35 of the Evidence Act therefore, the legal position which emerges is this :

13. The Education Code enjoins upon the Head Master of each school to prepare and maintain an admission register of the pupils admitted to that particular school. On the several particulars to be entered in such a register the date of birth of the pupil as stated by the parent or guardian is an important item. Thus there can be no doubt that the admission register is a public record maintained by the head of the institution who is in duty bound to maintain such a register containing certain particulars relating to each pupil as required by the Education Code. In making such entries in the admission register the head of the institution, who is a public servant, is merely discharging his official duty.