Proper appreciation of evidence and inclusion of all relevant material are crucial in reaching a just decision.

Sureshwar Thakur, J.

The plaintiff's suit for rendition of a declaratory decree with a consequential relief of mandatory injunction, was, under concurrent pronouncements recorded thereon by both the learned Courts below, hence, dismissed.

2. Briefly stated the facts of the case are that the plaintiff instituted a suit for declaration with a consequential relief of mandatory injunction against the defendant on the ground that her date of birth is 11.12.1962 which has been recorded by her father in the Panchayat record on the basis of birth certificate issued by the concerned Gram Panchayat. In the certificate issued by Himachal Pradesh Board of School Education, Dharmashala, her date of birth wrongly being shown as 11.12.1960, thereby making her elder by two years. The plaintiff has further submitted that original matriculation certificate issued by the defendant to her in April/May 1978, was lost somewhere and the duplicate certificate issued to her on 20.04.1981 in which her date of birth mentioned as 11.12.1962. She has further submitted that at the time of her service the Dy. Director, Education raised objection with regard to her date of birth and as such in order to correct the same, she filed a Civil No.8 of 2002 of 19.01.2002, which was withdrawn her with permission of the court on depositing of the costs. The plaintiff has further submitted that earlier suit was withdrawn by her as the legal notice required under Section 80 was not issued to the State of H.P., but in the present suit only the H.P. Board of School Education has been sued which is autonomous body and does not require any notice under Section 80 CPC. Thus, the plaintiff has prayed that a decree for declaration to the effect that her correct date of birth is 11.12.1962 and not 11.12.1960 be passed in her favour and defendant be directed through mandatory injunction to issue modified matriculation certificate after correcting her date of birth.

3. The notice of the suit was given to the defendant, who has sent one letter that on payment of prescribed fee the change in the date of birth may be considered but the defendant does not appear to defend the proceedings, hence, the defendant board was proceeded against ex-parte on 9.1.2009.

4. On an appraisal of evidence, adduced before the learned trial Court, the learned trial Court dismissed the suit of the plaintiff/appellant herein. In an appeal, preferred therefrom by the plaintiff/appellant before the learned First Appellate Court, the latter Court dismissed the appeal and affirmed the findings recorded by the learned trial Court.

5. Now the plaintiff/appellant herein, has instituted the instant Regular Second Appeal before this Court wherein she assails the findings recorded in its impugned judgment and decree, by the learned first Appellate Court. When the appeal came up for admission on 03.07.2012, this Court, admitted the appeal instituted by the plaintiff/appellant against the judgment and decree, rendered by the learned first Appellate Court, on the hereinafter extracted substantial questions of law:-

1. Whether both the Courts below have misread, misinterpreted and misconstrued the oral as well as documentary evidence of the parties, especially document Ex.PW1/B, copy of birth certificate, Ex.PW1/C, copy of school leaving certificate and Ex.PW1/D, copy of school leaving register, statement of PW-1 appellant and statement of PW-2 Churamani, which has materially prejudiced the case of the appellant?

2. Whether the first appellate court has not considered and discuss the document Ex.PW1/B, Ex.PW1/C and Ex.PW1/D and under law, the first appellate court is bound to discuss each and every oral and documentary evidence of the parties?

3. Whether there is no limitation to challenge a void document and document Ex.PW1/D has been wrongly prepared as compare to document Ex.PW1/C?

Substantial questions of Law No.1 to 3.

6. Ex. PW1/C reveals the date of birth of the plaintiff to be 11.12.1962 also Ex.PW1/D makes r