Challenging

judgment

and

decree

dated

02.06.2021 passed by XIII Additional City Civil and

Sessions

Judge,

Mayohall

Unit,

Bengaluru

in

O.S.no.26509/2018, this appeal is filed.

Appellant

herein

was

plaintiff

while

respondents herein were defendants respectively. For

sake of convenience, they shall hereinafter be referred

to by their rank in original suit.

- 3 -

O.S.no.26509/2018 was filed seeking for

declaration, declaring that correct name of plaintiff's

father was Mayanna instead of Madhusudan.G and for

consequential mandatory injunction and other reliefs

etc.

In plaint, it was stated that plaintiff - Master

Preetham Gowda M., was

born

in Bengaluru on

29.09.2002 and joined Swargarani school where he

studied upto II standard. It was specifically stated

that name of plaintiff's father was correctly mentioned

as Mayanna in school records. Subsequently, plaintiff

joined RMS International school - defendant no.4 and

studied

there

from

III

standard

to

X

standard.

However, at time of admission, name of plaintiff's

father was wrongly shown as Madhusudan.G in school

records, which went unnoticed. Thereafter, plaintiff

joined defendant no.6 - Institution for Pre-University

Education. Prior to filing of suit, he noticed mistake in

name of his father. Therefore, he sent notices to

defendants on 06.09.2018 calling for rectification.

However, defendant no.1 issued reply to get mistake

- 4 -

corrected first in Primary and High School records and

refused to comply. On said cause of action, suit was

filed.

Upon service of suit summons, defendants

no.2 and 3 entered appearance. Defendants no.1 and

4 to 6 did not appear. They were placed ex-parte.

However, none of them filed written statement.

Based

on

pleadings,

trial

Court

framed

following points for its consideration:

i. Whether the plaintiffs made out prima

facie grounds to decree the suit?

ii. What order or decree?

7.

Thereafter, natural guardian of plaintiff was

examined as PW.1 and got marked Exs.P1 to P12. No

evidence was led by defendants.

8.

On consideration, trial Court answered point

no.1 in negative and point no.2 by dismissing suit.

9.

Aggrieved thereby, plaintiff is in appeal.

- 5 -

10. Sri.

Lakshmish

G.,

learned

counsel

for

plaintiff-appellant submitted that only reason assigned

by trial Court for dismissal of suit was that plaintiff

failed to establish as to which institution committed

mistake in entering incorrect name of plaintiff's father.

He submitted that plaintiff had specifically pleaded in

plaint that mistake was committed by defendant no.4 -

Institution and said mistake was continued in their

records by defendants no.3 to 6. It was further

submitted that plaintiff had produced copies of Birth

certificate, Migration certificate, Marks Card, Aadhar

card,

legal

notice,

postal

receipt

and

acknowledgement, reply to legal notice and copy of

Transfer certificate as Exs.P1 to P12 which would

indicate that name of plaintiff9s father was Mayanna

and not Madhusudan.G.

11. Learned

counsel

further

submitted

that

Ex.P12 3 Transfer certificate issued by defendant no.4

3 Institution clearly states name of plaintiff9s father as

Mayanna. He submitted that defendant no.3 stated in

its reply to legal notice - Ex.P11 that name of

- 6 -

plaintiff9s father was mentioned in certificate as per

particulars furnished by school and therefore, it would

not entertain request for change of name. He further

submitted that Hon9ble Supreme Court in case of Jigya

Yadav v/s C.B.S.E (Central Board of Secondary

Education) and Ors., reported in 2021 (7) SCC 535

had issued directions for considering requests for

change of name and therefore, trial Court was not

justified in rejecting plaintiff9s request.

12. On

other

hand,

learned

Additional

Government Advocate appearing for respondent no.1

and Sri.G.Shailendra, learned counsel appearing for

respondent

no.3

would

submits

that

cumulative

records of school where error occurred have firstly to

be got corrected and thereafter, approach subse