The central legal point established in the judgment is the interpretation of Section 6 of the Limitation Act and the right of a minor to seek correction in the actual date of birth within three years after attaining majority.

JUDGMENT

Ritu Bahri, J. - This appeal has been filed against the judgment of reversal dated 01.10.2019 passed by the District Judge, Ambala, whereby appeal filed by Tanya Luthra-plaintiff (respondent No.1 herein) against the judgment and decree dated 12.10.2017 passed by the Civil Judge (Junior Division), Ambala, has been accepted and suit of plaintiff (Tanya Luthra) has been decreed.

2. Plaintiff-Tanya Luthra (respondent No.1) filed a suit for declaration to the effect that her correct date of birth is 30.12.1995 and name of her mother is Rachna Luthra as per birth certificate issued by the Sub Registrar (Birth & Death), Municipal Corporation, Ambala (City Zone) on 03.04.1996 with consequential relief of Mandatory Injunction directing the defendants to correct the date of birth of plaintiff as 30.12.1995 instead of 01.11.1995 and her mother's name as "Rachna Luthra" instead of "Madhvi Luthra" in her education record maintained by defendant No.1- CBSE (appellant herein), especially in her Secondary Examination Certificate of June, 2011.

3. Upon notice, defendants filed separate written statements controverting the stand taken by the plaintiff in her plaint and prayed for dismissal of the suit.

4. From the pleadings of the parties, following issues were framed by the trial Court:-

1. Whether the plaintiff is entitled to the relief of declaration as prayed for? OPP

2. Whether the plaintiff is entitled to consequential relief of mandatory injunction for correction of her date of birth and her mother's name as prayed for?OPP

3. Whether the present suit is not maintainable in the present form? OPD

4. Whether the jurisdiction of the court is barred? OPD

5. Relief.

5. Trial Court, after going through the evidence led by the parties, dismissed the suit on the ground that as per Rule 4 of the Examination byelaws, suit against the Board shall be filed in the name of the Secretary of the Board and it can be filed in the National Capital territory of Delhi only. The plaintiff resides in Ambala.

6. On appeal, judgment passed by the trial Court has been set aside and the suit has been decreed. Learned counsel for the appellant (plaintiff) had argued that as per the Secondary School Examination certificate Ex.P1 and mark-sheet Ex.P2, date of birth of the plaintiff is mentioned as 01.11.1995 and the name of the mother of plaintiff has been mentioned as "Rachna Luthra", whereas, as per the Municipal record Birth certificate Ex.P4, correct date of birth of the plaintiff is 30.12.1995. However, the correct name of her mother is "Madhvi Luthra". Date of birth and name of plaintiff's mother was given by her parents at the time of admission and the jurisdiction to entertain a suit for correction would be in a Court in Delhi.

7. The lower appellate Court has referred to the judgment passed by Division Bench of this Court in Ambika Kaul vs. Central Board of Secondary Education and others, (2015) 2 LAR 264, wherein it has been held that if, wrong date of birth is recorded in the school when the child was minor, then he can dispute the date of birth within 03 (three) years after attaining the majority. As per Section 6 of the Limitation Act, minor has a right to seek correction in the actual date of birth on the basis of certificate issued by the Registrar, Births and Deaths. In no case, the date of birth recorded in the matriculation certificate should be corrected after three years of attaining majority on the basis of date of birth in the birth certificate. Before the trial Court, plaintiff had produced on record her date of birth certificate Ex.P4, which was issued by the Municipal Corporation, Ambala, in which her date of birth was mentioned as 30.12.1995 and names of her parents were mentioned as Rajesh Kumar and Madhvi. However, as per Secondary School examination certificate as Ex.P1, Central Board of Secondary Education as Ex.P2 and Senior School Certificate Examination as Ex.P3, name of her mother is mentioned as Rachna Luthra and her date of birth is m