JUDGMENT :

Sudeepti Sharma, J.

The present appeal has been preferred by the appellant/plaintiff against the judgment and decree dated 08.12.1998 passed by learned Civil Judge (Junior Division), Sonepat (hereinafter referred to as 'trial Court'), whereby his suit was dismissed as well as the judgment and decree dated 13.03.2001 passed by learned Additional District Judge, Sonepat (hereinafter referred to as 'First Appellate Court'), whereby the appeal filed against the aforesaid judgment and decree dated 08.12.1998, was also dismissed.

2. The facts in brief are that the appellant/plaintiff was an employee of Haryana State. In the service record of the appellant/plaintiff, his date of birth was entered as 10.11.1946, which is based on his matriculation certificate. As per pleadings, in the record maintained by Chief Medical Officer (for short, CMO), Rohtak, the name of the appellant/plaintiff was wrongly entered by the concerned Chowkidar as Joginder Singh son of Dhan Singh son of Amin Lal, resident of Pipli Khera, Tehsil and District Sonepat, in place of Mohinder Singh Malik, which was the correct name of the appellant/plaintiff. Appellant/plaintiff moved an application before the District Magistrate, Rohtak, for the correction of the same in the birth register maintained by the CMO's office, Rohtak. The District Magistrate ordered the CMO, Rohtak for correction of the name of the appellant in the birth register as Mohinder Singh Malik instead of Joginder Singh. Then he moved an application before the Registrar, Punjab University, Chandigarh for making necessary correction in the date of birth in the matriculation certificate, but the application of the appellant/plaintiff was declined and thus, the appellant/plaintiff submitted the matriculation examination certificate at the time of his recruitment as Assistant SubInspector in police, in which, his date of birth was entered as 10.11.1946, whereas, he requested the respondents/defendants to treat his date of birth as 14.09.1949. Therefore, he filed a civil suit, which was dismissed by the learned trial Court, vide its judgment and decree dated 08.12.1998. The appeal filed against the said order was also dismissed by the learned First Appellate Court, vide its judgment and decree dated 13.03.2001. Hence, the present regular second appeal.

3. Learned counsel for the appellant contends that both the courts i.e. learned trial Court as well as learned First Appellate Court have dismissed the suit as well as appeal filed by the appellant without appreciating evidence on record and on the ground of delay and latches.

4. Per contra, learned counsel for the respondents submits that the civil suit as well as appeal filed by the appellant have rightly been dismissed by the learned trial Court as well as learned First Appellate Court. He relied upon the judgments of Hon'ble Supreme Court passed in Punjab & Haryana High Court at Chandigarh Vs. Megh Raj Garg and another, 2010(6) SCC 482 and The General Manager, M/s Barsua Iron Ore Mines Vs. The Vice President United Mines Mazdoor Union and Ors., 2024 AIR Supreme Court 2527. Therefore, he prays that the present appeal be dismissed.

5. I have heard the learned counsel for the parties and perused the whole record of the case in hand.

6. A perusal of the record shows that the appellant himself had written his date of birth as 10.11.1946 in his character, service role while joining his service. Ex.D4 is matriculation certificate of the appellant, wherein his date of birth has been shown as 10.11.1946. As per the averments in the civil suit, the name of the appellant in the record of the District Magistrate, Rohtak, was corrected on 05.06.1968, wherein the date of birth was also written. Therefore, on 05.06.1968 itself, the appellant was aware about his date of birth to be written as 10.11.1946. The appellant passed his matriculation examination in the year 1963 from the Punjab University, Chandigarh, and his name in birth record maintained by CMO's off