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2011 Supreme(Mad) 3679

S.NAGAMUTHU
K. Muthulakshmi – Appellant
Versus
K. Lakshmiammal – Respondent


Advocates appeared:
For the Appellant:J.R.K. Bhavanathan, Advocate.
For the Respondents:R2 to R4 - A.s. Chakravarthy,Senior counsel, R5 - Saraswathi Sivaraman Iyer, (Govt. Advocate).

JUDGMENT :-

1. An important question in respect of the evidentiary value of an order made under Section 13 (3) of the Registration of Births and Deaths Act, 1969 relating to the date of birth of an individual has arisen for consideration in this Second Appeal.

2. The appellant has filed O.S.No.5851 of 1989 before the learned XVII Assistant Judge, City Civil Court, Chennai for a declaration that the date of birth of the appellant is 31.03.1941 and for consequential relief of mandatory injunction to direct the defendants 2 to 5 to alter the date of birth in the Service Register of the plaintiff as 31.03.1941 instead of 06.06.1938. It is pertinent to mention that the plaintiff was working as Principal Matron ( M1S) in the Directorate of Medical Services, Army Headquarters, New Delhi. According to her, in her Secondary School Leaving Certificate, due to ignorance and illiteracy of her parents, her date of birth was wrongly entered as 06.06.1938, though her actual date of birth is only 31.03.1941. When she applied for extract of the Birth Register, she was informed that her birth was not registered as required under the Registration of Births and Deaths Act,1969. Thereafter, she filed a

















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