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SACHIN SHANKAR MAGADUM
Suhas L – Appellant
Versus
Chief Registrar Births and Deaths Government of Karnataka BBMP Office – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Vyshak P.N., Advocate. Bhargava D Bhat, Advocate
For the Respondents:Hemalatha v, Aga For R.1 To R.3; B.S.Satyanand, Advocate R.2

JUDGMENT (ORAL)

This captioned appeal is filed by the unsuccessful plaintiff assailing the judgment and decree dated 01.10.2022 passed in O.S.No.1935/2022 on the file of the VII Additional City Civil and Sessions Judge at Bengaluru (CCH-19) at Bengaluru.

2. For the sake of brevity, the parties are referred to as they are ranked before the Trial Court.

3. The plaintiff, Suhas L., has instituted a suit in O.S.No.1935/2022 seeking a direction against the Chief Registrar, Births and Deaths, to rectify the name of his mother as recorded in the Death Certificate issued by the concerned authorities. It is the case of the plaintiff that his mother’s name has been erroneously recorded in the certificate, and he has therefore sought a declaration to that effect.

4. The parties were permitted to lead evidence. Upon evaluation of the material on record, the Trial Court held that the plaintiff failed to examine any competent witness from the hospital concerned to establish that the error in his mother’s name was due to a mistake on the part of the hospital authorities. In the absence of such crucial evidence, the Trial Court found that the plaintiff had not discharged the burden of proof. Conseq

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