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2023 Supreme(Chh) 201

GOUTAM BHADURI, SACHIN SINGH RAJPUT
Raunak Yadu, S/o. Homeshwar Yadu, (Minor), Through Uncle Gulab Yadu – Appellant
Versus
General Public – Respondent


Advocates Appeared:
For the Appellant : Mr. Shobhit Koshta.
For the Respondents: Ms. Supriya Upasane.

JUDGMENT :

(Goutam Bhaduri, J.)

1. This appeal is against the judgment and decree dated 30/03/2022 passed by the Judge, Family Court, Balodabazar, in civil suit No.89/2021 whereby the declaratory suit filed by the appellant through next friend was dismissed.

2. The facts of this case, in brief, are that the minor Raunak Yadu, aged about 15 years, represented through his next friend Gulab Yadu, filed a suit for declaration that he was born on 02/12/2006 out of relation between Homeshwar Yadu and Sunita Yadu, who was married. According to the plaintiff, the father of Raunak Yadu namely; Late Homeshwar Yadu was working in Police department. He died in harness on 27/08/2020. The plaintiff claimed that he is the legal heir and in the service book too name of Sunita Yadu, as wife and in her absence name of Raunak Yadu the son (plaintiff) was recorded. The plaintiff sought for compassionate appointment in the department after death of his father and he was directed by the department to produce the necessary certificate of proof so that his appointment can be materialized. In the backdrop of such cause of action, civil suit was filed for declaration as it necessary papers were required by t

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