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2010 Supreme(Kar) 272

ANAND BYRAREDDY
New India Assurance Company Limited – Appellant
Versus
Ramakrishna Vasu Shetty – Respondent


Advocates appeared:
For the Appellant:S.S. Ramdas, Senior Advocate, R.B. Deshpande, Advocate.
For the Respondents:P.S. Rajagopal, Senior Advocate, R1, K. Chandranath Ariga, Advocate, R2 to R4, R. Omkumar, Additional Government.

Judgment :-

Heard the Counsel for the parties.

2. The parties are referred to by their rank before the trial court for the sake of convenience.

3. The appellant was the plaintiff before the Trial Court. The suit was for the relief of declaration that the plaintiff was born on 5.2.1951 and the date of birth given as 5.2.1947 in his School Cumulative Record, is a mistake and for consequential rectification of his Service Register maintained by the fourth defendant representing his employer, New India Assurance Company Limited.

It was the plaintiff's case that he was born on 5.2.1951 in Thokur Village of Mangalore Taluk. His date of birth is said to be borne out by the Birth Certificate issued by the Tahsildar, Mangalore Taluk, as also by his original Horoscope. It is his case that his father died a year after the plaintiff's birth. The plaintiff was admitted to school by his grand-father and it is claimed that he had passed SSLC examination in the year 1966, from the Board High School. In the year, 1969, he had joined the New India Assurance Company Limited on temporary basis. In the year 1973, he was taken on probation and subsequently confirmed in the services of the company. In the































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