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2024 Supreme(J&K) 56

SANJAY DHAR
J&K Board of School Education Through its Chairman/Secretary – Appellant
Versus
Naresh Singh S/o. Sh. Sant Ram – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. B.S. Bali, Adv.
For the Respondent: Mr. Masood Ahmed, Adv.

JUDGMENT :

1. The appellant has filed the instant civil second appeal against judgment and decree dated 23.11.2016 passed by the learned 1st Civil Subordinate Judge (Special Municipal Magistrate), Jammu (hereinafter to be referred as the trial court) as upheld vide judgment and decree dated 20.10.2021 passed by learned 1st Additional District Judge, Jammu (hereinafter to be referred as the 1st appellate court).

2. The facts leading to the filing of the instant civil second appeal are that the respondent/plaintiff filed a suit against the appellant/defendant before the trial court seeking a declaration to the effect that his actual date of birth is 16.03.1965 with a mandatory injunction directing the defendant to make necessary correction in the Secondary School Examination Certificate of the plaintiff issued by the defendant. In the plaint, it was pleaded that the plaintiff had appeared in Secondary School Examination held in the year 1991 as a private candidate under Roll No. 724202 and was declared successful. However, in the certificate issued by the defendant-Board, the date of birth of the plaintiff was shown as 16.03.1957 whereas the actual date of birth of the plaintiff is 16.

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