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2023 Supreme(AP) 9

V. R. K. KRUPA SAGAR
Koru Ramesh – Appellant
Versus
District Collector – Respondent


Advocates:
Advocate Appeared:
For the Appellant : V.V.L.N. Sarma.

JUDGMENT :

V.R.K. KRUPA SAGAR, J.

1. The date of birth of the appellant is in issue in the second appeal.

2. The appellant filed O.S. No. 492 of 2004 before the learned Principal Junior Civil Judge, Nandigama seeking for declaration that he was born on 15.10.1965 and that was recorded in the birth records of Gram Panchayat, Nandigama to declare that as the correct date of birth and pass such other orders as the Courts deems it proper. Five defendants are shown. On settling issues and on recording oral and documentary evidence the learned trial Court dismissed the suit.

3. Aggrieved of it, the plaintiff argued his first appeal in A.S. No. 72 of 2013 and the learned XVI Additional District Judge, Nandigama by judgment dated 24.02.2014 dismissed the appeal.

4. It is against that the plaintiff in the suit brought the second appeal under Section 100 C.P.C. A Learned Judge of this Court admitted this appeal on 15.12.2017 on the following substantial questions of law:

    (1) Whether the plaintiff is entitled for the benefit of the presumption under Section 114 of the Indian Evidence Act?

(2) Whether the entries made by the Registrar of Births (in the instant case the records of Gram Panchayat) will

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