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Showing contexts for: notarised in Smt. Maheshwari.S vs The Commissioner on 8 November, 2021Matching Fragments
together for discussion for the sake of convenience and in order to avoid repetition of facts and evidence.
11 O.S.3881/2021
9. The plaintiff has filed this suit praying to declare that her name is Maheshwari.S., and to direct the defendants to change the name of the plaintiff as Maheshwari.S. in the Birth certificate of her daughter Khushi Vijay Uppin in place of Vani Vijay Uppin. The plaintiff who has examined as PW1 and her examination-in-chief affidavit has reiterated the plaint averments. Since her examination-in-chief is the replica of the plaint averments it need not be reproduced once again except mentioning the gist of evidence. On the side of the plaintiff the documents Ex.P1 to Ex.P13 are marked. The documents Ex.P2 is the notarised attested try copy of the birth certificate of the plaintiff's daughter Khushi Vijay Uppin wherein mother's name is mentioned as Vani Vijay Uppin and father's name is mentioned as Vijay M.Uppin. It is the specific case of the plaintiff is that her name is Maheshwari.S., but in the birth certificate of her daughter her name is mentioned as Vani Vijay Uppin. PW1 has deposed that while she delivered her daughter at Soukya Hospital, NTI Layout, Bangalore at the time of her admission for delivery her parents have given her nick name as Vani instead of giving her original name as Maheshwari.S. Hence the same got entered in the birth register maintained by the defendants. PW1 has deposed that when she approached the school authorities for admission of her child and submitted all necessary documents at that time after scrutiny by the concerned staff of the school informed her that her name is differs from the birth certificate and Aadhar card. Then she came to know about the mistake in the birth certificate of her daughter. Thereafter when she approached the defendants and submitted requisition along with the documents on 31.2.2021 to rectify the birth certificate, at that time the defendants have issued an endorsement dated 8.2.2021 refusing to correct the name in the birth certificate of her daughter. In order to substantiate this contention taken by the plaintiff she has produced the document Ex.P9 endorsement dated 8.2.2021 issued by the defendant. PW1 has deposed that thereafter she has issued legal notice dated 2.3.2021 to the defendants under section 80(2) of C.P.C. calling upon the defendants to rectify her name in the birth certificate of her daughter. PW1 has deposed that inspite of receipt of notice dated 2.3.2021 the defendants neither replied to the said notice nor changed her name in the birth register of her daughter. In order to substantiate the contention taken by the plaintiff and to show that she has issued legal notice dated 2.3.2021 to the defendants and for having served the same to the defendants she has produced and got marked the documents Ex.P10 copy of legal notice dated 2.8.2021 two postal receipts which is marked at Ex.P11 two postal acknowledgements which are marked at Ex.P12 and Ex.P13.
10. PW1 has deposed that her actual name is Maheshwari.S. In order to substantiate this contention taken by the plaintiff she has produced the document Ex.P1 notarised attested true copy of certificate of registration of her marriage with Vijay Uppin on 26.2.2016 wherein her name is mentioned as Maheshwari @ Vani. PW1 has produced the documents Ex.P3 notarised attested true copy of her SSLC marks card wherein her name is mentioned as Maheshwari.S. She has produced the document Ex.P4 notarised attested true copy of her election identity card wherein he rname is mentioned as Maheshwari.S. The document Ex.P5 is the notarised attested copy of PAN card wherein her name is mentioned as Maheshwari.S., Ex.P6 is the notarised attested true copy of Aadhar card of PW1 wherein her name is mentioned as Maheshwari.S.
ANNEXURE Witnesses examined for the plaintiff/s :
PW1 - Maheshwari.S Witness examined for the defendant/s :
Nil Documents marked for the plaintiff/s :
Ex.P1 - Marriage registration certificate Ex.P2 - Birth certificate Ex.P3 - Notarised marks card of SSLC Ex.P4 - Notarised extract of Election ID Ex.P5 - Notarised extract of PAN card Ex.P6 - Notarised extract of Aadhar card Ex.P7,8 - Applications given to BBMP Ex.P9 - Endorsement given by BBMP Ex.P10 - Legal notice dated 2.3.2021 Ex.P11 - Two postal receipts Ex.P12,13 - Two postal acknowledgements