( 1 ) THIS is defendants' first appeal from the judgment and decree dt. 19-11-1996 delivered by Sri. K. H. Malleshappa, X Additional City Civil Judge, Mayo Hall, Bangalore City, in a suit for declaration to the effect that the plaintiff's date of birth is to be 2-2-1943 and not 31-8-1937 and for further declaration that the plaintiff is entitled to continue in service of the 1st defendant till 2-2-2001.

( 2 ) ). The plaintiff has alleged that the plaintiff was employed in the defendants' Company in 1962 as a casual worker and thereafter was confirmed in the defendants' Company on 27-7-1964. According to the plaintiff, the defendant-company required the plaintiff to report before the Chief Medical Officer of the Company to undergo medical examination for recording his date of birth and it appears after the medical examination vide Ex. D-1 dt. 6-9-1972, the Medical Officer assessed the date of birth of the plaintiff/respondent to be 31-8-1937. The plaintiff alleged that when he came to know about this date which had been fixed as 31-8-1937 as his date of birth, he felt that it was wrong date of birth which was recorded on medical basis and he made a representation in