2026:BHC-AS:3063 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 38 OF 2026 WITH INTERIM APPLICATION NO. 174 OF 2026 Mrs. Bhakti Vijay Patil @ Ms. Daljitkaur Darshan ...Appellant Singh Versus The Principal, Khernagar Municipal Secondary ...Respondent School ——————

Mr. Ashutosh Thipsay i/b S. S. Kharat a/w Ms. Achal Gupta, for the Appellant.

Mr. Pradip Patil a/w Mr. R. S. Bhagwat, for the Respondent.

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CORAM : SHARMILA U. DESHMUKH, J.

DATE : January 14, 2026 P. C. :

1. The Appeal arises out of the judgment dated 24^th November, 2025 passed by the City Civil Court in Civil Suit No. 1488 of 2024 dismissing the suit on the ground of limitation.

2. The suit came to be filed for a declaration that the date of birth of the Plaintiff is 19th September, 1969 and the Defendant, who was the Principal of Khernagar Municipal Secondary School, Municipal Corporation of Greater Bombay and Assistant Municipal Commissioner be directed to correct the date of birth of the Plaintiff in the school record and to re-issue the school leaving certificate. The Plaintiff came with the case that the Plaintiff had studied in Defendant No. 1-School and the school leaving certificate issued recorded an incorrect date of birth of the Plaintiff as 30th June, 1968 instead of the correct date of birth i.e. 19th September, 1969. The Plaintiff was born in the municipal corporation hospital on 19^th September, 1969.The Plainti by profession and is presently employed with Airport High School and Junior College, Vile Parle (East). The Plaintiff has issued various letters to the authorities as well as the school for correction of her date of birth. On 18th December, 2015, the Plaintiff addressed a detailed letter to the Education Inspector and requested for correction of the date of birth, which was followed by continuous correspondence. On 11^th March, 2024, the Plaintiff issued notice under Section 527 of the Mumbai Municipal Corporation Act, 1888 to the Defendant. There was no response. Hence, the suit came to be filed.

3. The Defendant No. 1 in its written statement contended that the Plaintiff was enrolled as a student in Khernagar Municipal Secondary School for the academic period commencing on 10^th June, 1982 and was issued the school leaving certificate in accordance with the school records then available and maintained in the normal course of official duties. At the time of her admission to the secondary school, the school leaving certificate issued by Hasnabad Primary School recorded her date of birth as 30^th June, 1968 and the institution relied solely on the school leaving certificate of the previous institution.

4. The Defendant No. 2 and 3 the written statement stating that as per the records of Corporation, they confirm that the birth certificate has been issued to the Plaintiff with date of birth recorded as 19th September, 1969. The birth certificate was duly registered under the registration no. HW11293 on 4^th November, 1969 by H-West Ward of Municipal Corporation of Greater Mumbai and that they are fully aligned with the Plaintiff’s claim.

5. The Trial Court framed the necessary issues as regards the proof of the correct date of birth of 19^th September, 1969, about the incorrect recording of the date of birth in the school leaving certificate. The other issues were answered in favour of the Plaintiff and the additional issue on limitation was answered in the negative resulting in dismissal of the suit.

6. Learned counsel for the Appellant has taken this Court through the judgment of the Trial Court and would contend that the Trial Court has accepted that the Plaintiff has proved that her correct date of birth is 19^th September, 1969 and that there is an incorrect record in the school leaving certificate. He submits that the Defendant No. 2 and 3 supports the claim of the Plaintiff and has specifically confirmed in the written statement that the birth certificate issued to the Plaintiff records the date of birth as 1