Judgment

Arijit Pasayat, J.—Leave granted.

2. Appellant-State calls in question legality of the judgment rendered by a learned Single Judge of the Punjab and Haryana High Court dismissing the Second Appeal filed by it under Section 100 of the Code of Civil Procedure, 1908 (in short the ‘Code’) holding that no question of law was involved.

3. The background facts are as under :

The respondent (hereinafter referred to as the ‘plaintiff’) was appointed as a Patwari on 5.2.1958. At the time of appointment he disclosed his date of birth to be 1.10.1934. Complaints were received and preliminary enquiry was conducted and it was held that his actual date of birth is 25.11.1931. A suit was filed by the respondent for declaration to the effect that his date of birth as recorded in service book i.e. 1.10.1934 is the correct date of birth and plaintiff is entitled to all benefits and privileges which would have accrued to him had be continued on that basis till the date of superannuation i.e. 30.9.1992 and for setting aside the punishment awarded for allegedly manipulating records and disclosing wrong date of birth.

4. Following issues were framed by the trial Court:

“1. Whether the High Court was