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2009 Supreme(Bom) 1698

C.L.PANGARKAR
WESTERN COALFIELDS LTD. – Appellant
Versus
CHANDRAPRAKASH, KRISHNALAL KHARE – Respondent


JUDGMENT

( 1 ) THIS revision is preferred by the defendants, feeling aggrieved by the order rejecting their application under Order 7, Rule 11 (d) of C. P. C. .

( 2 ) THE facts giving rise to this revision are as follows - Respondent/plaintiff filed a suit for declaration about his date of birth and arrears of salary. The respondent/plaintiff also sought a relief that it be declared that his superannuation was illegal. Respondent was in service of the applicant as Deputy Chief Finance manager. The respondent alleges that he was unilaterally superannuated by the applicant in august, 1996. It is his case that at the time of his appointment in 1975, he had submitted a matriculation certificate as well as affidavit of his father that his correct date of birth was 10/ 8/1948. This proof by way of affidavit was accepted by the applicant. However, in 1991, when respondent/plaintiff received seniority list, he noticed that his date of birth is recorded in the

office record as 10/08/1938. The respondent immediately wrote to the applicant to correct the mistake. The applicant informed by letter dated 8/5/1991 that the date is correctly recorded and there is no need to make any change. The res
















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