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2015 Supreme(Kar) 394

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
B.VEERAPPA, J.
SANTOSH – Petitioner
Vs.
THE STATE OF KARNATAKA R/BY DEPUTY COMMISSIONER BELGAUM and Ors. – Respondents
CIVIL REVISION PETITION No.100062 OF 2014
Decided On : 3.06.2015

Advocates:
Advocate Appeared:
For the Petitioner - Sri. NAGARAJ J. APPANNAVAR, ADV. FOR Sri. LAXMAN T MANTAGANI ADV.
For the Respondents - Sri.RAVI V.HOSAMANI, AGA FOR R1R4 & R7.

Headnote:CODE OF CIVIL PROCEDURE, 1908 - Section 152: [B. Veerappa, J] Correction of clerical mistake - Mistake in cause title of suit - Error caused due to mistake on part of Court - Held, Decree-holder cannot be made to suffer for such mistake. Trial Court was directed to correct cause title of decree.

ORDER :

The petitioner/plaintiff filed the above revision petition against the order dated 02.08.2014 made in O.S.No.17/2013 on the file of the Principal Civil Judge, Gokak, dismissing the application filed under Section 152 read with Section 151 and 153 of Code of Civil Procedure to correct the cause title of the judgment and decree.

2. It is the case of the petitioner that he had filed O.S.No.137/2011 against the respondents for declaration declaring that the caste of the plaintiff is ‘Hindu Navi’ instead of ‘Hindu Lingayat Navi’ and to direct the respondents/defendants to correct the entry regarding caste of the plaintiff in the school records as ‘Hindu Navi’ instead of ‘Hindu Lingayat Navi’.

3. It is contended that the plaintiff is the permanent resident of Gokak and he has completed his 4th primary and higher education at the defendant school 5th and also completed his PreUniversity Course at defendant College and he completed his degree course from the 6th defendant college. It is further contended that the plaintiff and his family members belong to ‘Hindu Navi’ caste and community. The relatives of plaintiff also belong to ‘Hindu Navi’ caste and community and also the family members of the plaintiff are identified and recognised by the public at large that they belong to ‘Hindu Navi’ caste and they are performing the customs of ‘Hindu Navi’ caste and community.

4. It is the further case of the plaintiff that, in the school records of his father and brother caste is correctly mentioned as '‘Hindu Navi’. But in the school records of the plaintiff caste is wrongly entered as “Hindu Lingayat Navi” instead of “Hindu Navi”. It is contended that neither the plaintiff nor his parents and family members belong to “Hindu Lingayat Navi” caste. It is averred in the petition that inspite of giving correct and proper instructions by the parents of plaintiff to enter his caste as “Hindu Navi” in the school records, the school authorities have wrongly entered his caste as “Hindu Lingayat Navi”. The said mistake came to the knowledge of the plaintiff when he obtained the school records recently and immediately he approached the defendants to correct the wrong entry. But the defendants refused to make any correction in the school records.

5. Therefore, the plaintiff got issued a legal notice to the defendants on 31.12.2010, calling upon them to correct the name of caste as “Hindu Navi” instead of “Hindu Lingayat Navi”. On receipt of the said notice the defendants gave a reply and directed the plaintiff to get an order of Civil Court to correct the school records. Being aggrieved by the said reply, the plaintiff was constrained to approach the Civil Court in O.S.No.137/2011 on the file of the Civil Judge, Jr.Dn. Gokak.

6. The defendants 1 to 5 appeared through AGP and defendant7 has filed written statement and defendants 1 to 4 adopted the same and denied the entire plaint averments contending that while admitting the plaintiff to the school the parents of the plaintiff has given information and as per the said information the caste of plaintiff was mentioned as “Hindu Lingayat Navi” and there is no mistake of the school authorities and also contended that there is no cause of action arose for the plaintiff to file the suit and the suit filed by the plaintiff is barred by time, etc and sought for dismissal of the suit.

7. The trial court based on the pleadings has framed the following issues:

“1. Whether the plaintiff proves that he is belonging to “Hindu Navi” community?

2. Whether the plaintiff proves that his caste is wrongly mentioned as ‘Hindu Lingayat Navi’ in all school records maintained by defendant Nos.2 & 7?

3. Whether the suit is barred by limitation?

4. Whether the bad for nonjoinder of necessary parties?

5. Whether the plaintiff is entitle for relief sought for?

6. What order or decree?”

8. The plaintiff in order to establish his case, has examined himself as PW.1 and a witness PW.2 and marked documents as Ex.P.1 to P.14. The defendants d

































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