IMPORTANT POINTS
(1) Ouster of Jurisdiction of Civil Court – Civil court lacks jurisdiction where a special statute provides not only right but also remedy including forum for its enforcement.
(2) Exclusion of jurisdiction of Civil Courts must be determined by examining nature of relief claimed in plaint.

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. Consequently, the suit was dismissed, and the issue was answered against the plaintiff. Aggrieved by this judgment and decree, the plaintiff has preferred the present appeal.

5. Heard the learned counsel appearing for the appellant-plaintiff and the learned counsel representing the respondent-authorities.

6. Learned counsel for the respondent-authorities contends that the suit, in its present form, is not maintainable before a Civil Court. He submits that the jurisdiction of the Civil Court is expressly barred in view of Section 9 of the Civil Procedure Code read with Rule 7 of the Karnataka Registration of Births and Deaths Rules, 1999. Placing reliance on Rules 7 and 11 of the said Rules and Section 15 of the Registration of Births and Deaths Act, 1969 (“the Act”), he submits that the appropriate authority under the Act is vested with the power to correct errors in Birth and Death Certificates, and therefore, the Civil Court lacks jurisdiction.

7. In light of the submissions made and the records available, the following points arise for consideration in this appeal:

i) Whether the nature of relief sought in the suit is barred under Section 9 of the Civil Procedure Code in view of the statutory remedy available under Section 15 of the Registration of Births and Deaths Act, 1969?

ii) Whether the judgment and decree passed by the Trial Court suffers from any perversity, thereby warranting interference by this Court?

iii) Whether the plaintiff is required to be relegated to seek appropriate relief under the provisions of the Act, 1969?

Findings on Point No.1:

8. Before this Court delves upon the jurisdiction of the Court in entertaining the present suit, this Court deems it fit to cull out prayer column sought in the plaint.

“Wherefore, the plaintiff most humbly prays that, this Hon’ble Court may be pleased to pass judgment and decree in favour of the plaintiff:-

a. Direct the defendant to issue corrected of the death certificate by mentioning the name of the plaintiff’s mother Smt.Mallika B.V. and declare that the name of the plaintiff’s mother is Smt.Mallika B.V. who is also being the wife of Sri.Lokesh H.P. respectively.

b. Grant such other relief as this Hon’ble Court deems fit to grant under the circumstances of the case in the interest of justice and enquity and also by awarding cost of the proceedings.”

9. On a perusal of the reliefs sought in the plaint, it is evident that the plaintiff seeks a direction for correction of the Death Certificate by substituting the name of his mother as Smt.Mallika B.V. in place of Smt.Latha B. Additionally, the plaintiff seeks a declaration to the effect that Smt. Mallika B.V. is the lawful wife of Lokesh H.P. In this context, it is apposite for this Court to extract Section 15 of the Registration of Birth