JUDGMENT :

Heard the parties.

2. This Second Appeal has been preferred against the judgment of reversal being the judgment and decree dated 01.05.2008 passed by learned Additional District Judge-XIII, Dhanbad, in Title Appeal No.131 of 2007 by which the learned first appellate court reversed the judgment of dismissal of the suit passed by the Additional Munsif-1st in Title Suit No.77 of 2003 and allowed the appeal on contest and decreed the suit and the declared the date of birth of the sole respondent to be 01.07.1955.

3. The brief fact of the case is that the respondent-plaintiff is the employee of the defendant-appellant company. He was appointed on 31.01.1973. At the time of his joining in capacity of Mining Sardar, he recorded his date of birth to be 06.05.1948. In this respect he filled up Form-B of the appellant-defendant- Company which has been marked Ext.A but it is the case of the plaintiff that his actual date of birth is 01.07.1955 and during the preparation of service record of the plaintiff, the date of birth of the plaintiff was wrongly recorded as 06.05.1948. The plaintiff requested the defendant for correction of the date of birth in his service records but the defend