State Of Maharashtra & Anr vs Gorakhnath Sitaram Kamble & Ors on 16 November, 2010
The grievance of the plaintiff - appellant is that
the school authorities have entered the date of birth as
01.06.1983 in stead of 28.06.1984. According to the
plaintiff, he was born at Dr Kanti Hospital, Bagalkot and
his date of birth is entered as 28.06.1984 and his name
has been entered in the concerned Register maintained
by the C M C, Bagalkot, and the plaintiff has prayed for
rectification of his date of birth. Hence the suit. After
due service of summons, the matter has been contested
by the defendants denying the claim of plaintiff and
issues were raised and ultimately, the trial Court relying
upon the decision reported in (2011)1 KCCR short note
54, in the case of State of Maharashtra and another vs
Gorakanath Sitaram Kamble & Ors , wherein the Apex
Court referring to the Limitation Act has held that the
lapse of 20 years in seeking for change of date of birth
being much beyond statutory period, is barred by
limitation, has dismissed the suit. The same has been
upheld by the lower Appellate Court.