JUDGMENT :

This second appeal is in challenge of the judgment and decree dated 16.3.2004 and 3.4.2004, respectively, passed by the learned District Judge, Koraput, Jeypore in T.A. No. 7 of 2002 reversing the ex parte judgment and decree dated 8.3.2002 and 27.3.2002 respectively, passed by the learned Civil Judge (Junior Division) Jeypore in T.S. No. 21 of 2001.

2. In this appeal, the appellant is the defendant before the learned trial Court and the respondent is the plaintiff. Learned trial Court dismissed the suit ex parte refusing to declare that the plaintiff's correct date of birth is 10.12.48 in order to grant the consequential relief of correction of date of birth in plaintiff's service book. The plaintiff took the stand that on 1.9.1964 he was appointed as a Driver in Balimela Dam Project. At the time of his appointment, his employer did not take any certificate from him for such appointment. In October 2000, when the plaintiff took his service book, he came to know that his date of birth was wrongly noted as 8.3.1944 instead of 10.12.1948. Having come to know this mistake, he applied to the defendant for correction of his date of birth through the Sub-Divisional Officer under