B.N.SARMA
Commissioner of Taxes – Appellant
Versus
Golak Nath Kakati and another – Respondent
JUDGEMENT :- This second appeal is directed against the decree passed by the Assistant District Judge No. 2, at Gauhati in Title Appeal No. 33 of 1975 affirming the ex parte decree passed by the Munsiff No. II, at Gauhati in favour of the Respondent No. 1 Shri Golok Nath Kakati (hereinafter referred to as the respondent) in Title Suit No. 24 of 1975, which was initially registered as Title Suit No. 136 of 1972.
The respondent who was an employee of the Tax Department of the Government of Assam filed the aforementioned suit for a declaration that he was born on the first day of October, 1923. His case was that his age was wrongly recorded in the Matriculation Certificate issued by the Calcutta University in 1940, as 19 years 5 months on the first of March of 1940 in place of 16 years and 5 months. The mistake in recording the age in his Matriculation Certificate was detected by him on 21-6-72 while he was scrutinising his service record. The plaintiff, thereafter, wrote to the Registrar of the Calcutta University for correction of his age in the Matriculation Certificate but to no effect. He accordingly filed the suit against the Registrar of the Calcutta University for a de
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