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2019 Supreme(HP) 541

JYOTSNA REWAL DUA
Shakuntla Devi – Appellant
Versus
State Of H. P. – Respondent


Advocates Appeared:
Anup Rattan, Adv., Anil Jaswal, Adv., Vir Bhadur Verma, Adv.

JUDGMENT :

Jyotsna Rewal Dua, J.

The suit was filed by the appellant seeking correction in her date of birth recorded in the School Leaving Certificate from 03.01.1973 to 03.01.1975, which stands reflected in her Matriculation Certificate as well. The suit was decreed by learned Trial Court vide judgment dated 02.07.2008, however, the appeal preferred by the respondents was allowed by the learned First Appellate Court on 10.12.2008. Aggrieved against dismissal of her civil suit by the learned First Appellate Court, instant appeal has been preferred by the appellant. Parties hereinafter are referred to as they were before the learned Trial Court.

2. This appeal was admitted on 25.03.2009 on following substantial questions of law:-

    "1. Whether the First Appellate Court below has misread and mis-appreciated the evidence produced on record as Exhibit PW-1/A and PW1/B?

2. Whether the First Appellate Court below has failed to take into consideration that the presumption of truth is attached to the Parivar Register, Birth and Death Register and record of Government of Primary School, Punan and wrongly discarded these evidence?"

3. I have heard Sh. Anup Rattan, learned counsel for the appellant,

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