IN THE COURT OF THE I ADDL. CIVIL JUDGE & J.M.F.C.

,
DHARWAD, AT: DHARWAD.

Present
SMT. PARIMALA TUBAKI
B.A., LL.M.,
I ADDL. CIVIL JUDGE & JMFC
DHARWAD.

O.S. No. 649/2019

Dated on this the 22nd day of April – 2021.

Plaintiff : Siddharudha S/o Malleshappa

Hadapad,
Age: 29 years, Occ: Private Work,
R/o: Shreyash Colony, Sattur,
Tq & Dist: Dharwad.

(By Sri. S.G.A., Adv.)

Vs.

Defendants : 1) The State of Karnataka,

R/by Deputy Commissioner,
Dharwad District, Dharwad.

2) The Deputy Director of Public

Instructions,
D.C. Compound, Dharwad,

3) The Block Education Officer,

Dharwad City Range,
Dharwad.
4) The Head Master,
Basel Mission Boys High School
Dharwad.
 2 O.S.No.649/2019

5) The Secretary
Karnataka Higher Secondary
Examination Board, Bengaluru.

(D­1 to 3 & 5 by Sri.I ADGP, Dharwad.

D­4 ­ Exparte.)

Date of institution of suit : 02.12.2019

Nature of suit : Suit for Declaration and
Injunction.
Date of commencement of : 07.04.2021
evidence
Date of pronouncement of : 22.04.2021
Judgment
Total Duration : Year/s Month/s Day/s
01 04 20

(Smt. Parimala Tubaki)

I Addl. Civil Judge & J.M.F.C.,
Dharwad.

JUDGMENT

This is suit for declaration and injunction.

2. The brief facts of the case of the plaintiff is as

under:
The plaintiff pleaded that, his true and correct birth
name is Siddharudha S/o Malleshappa Hadapad. Further
pleaded that, in the primary school records his name is
properly entered, and after passing 7th standard, he got
 3 O.S.No.649/2019

admission at defendant No.4 school and has completed his

8th to 10th standard. Further pleaded that, at the time of his
admission at defendant No.4 school, his name has been
incorrectly entered as Siddharudha S/o Malleshi Hadapad,
instead of his correct name and same has been continued in
his SSLC marks card issued by the defendant No.5. Further
pleaded that, when he came to know about the incorrect
entry has approached the defendant No.4, but the said
school did not turn up and directed him to approach the
Court and obtain decree. Further pleaded that, the
incorrect entry will cause hurdle to him in obtaining
passport.

3. Further pleaded that, cause of action arose when

he came to know about the incorrect entry and on
30.09.2019, when the defendant No.4 directed him to obtain
decree or order from competent Court. Further pleaded
that, this Court has got jurisdiction to try this suit and he
has paid proper Court fee. The plaintiff prayed to declare
that, his correct and true name is Siddharudha S/o
Malleshappa Hadapad, instead of Siddharudha S/o Malleshi
Hadapad. Further, as a consequential relief prayed to issue
direction to the defendants No.4 and 5 to enter the correct
and true name of the plaintiff in their records. Submitting
thus prayed to decree the suit.
 4 O.S.No.649/2019

4. On service of suit summons, the defendant No.1

to 3 and 5 appeared through Sri. I ADGP, Dharwad. On
service of suit summons, the defendant No.4 did not appear
and was placed ex­parte. The defendant No.3 has filed
written statement and the defendant No.1, 2 and 5 have
adopted the same by filing adoption memo dated:
08.03.2021. The defendant No.3 in written statement
contented that, suit of the plaintiff is false, frivolous and
concocted one. Further contended that, suit of the plaintiff
is barred by time. Further denied the averments of plaint
Para No.3 to 10. Further submitted that, burden is on the
plaintiff to prove that, he has completed his education from
8th standard to 10th standard at the school of the defendant
No.4 and his name incorrectly entered at the said defendant
school. Further submitted that, the cause of action pleaded
by the plaintiff is concocted one. Further contended that,
the plaintiff has not complied Section 80 of CPC and suit is
not maintainable. Further submitted that, at the time of
admission of any child as per Education Act, as per the
information furnished by the parents or guardians of the
child, name of the child will be entered in the school, and in
this case as per the information furnished by the parents of
the plaintiff his name entered in the school records.
Further contended that, in case of any incorrect entry, the
same shall be get rectified within one year and the plaintiff
 5 O.S.No.649/2019

approached this court after lapse of 23 years and the suit of

the plaintiff is barred by law of limitation. Further
submitted that, the plaintiff is not entitled to the reliefs as
prayed for. Contending thus, prayed to dismiss the suit with
cost.

5. On the basis of above pleadings, the Issues are

framed as following:

ISSUES

1) Whether the plaintiff proves that his

name incorrectly entered as
Siddharudha S/o Malleshi Hadapad in
the records of defendants instead of
Siddharudha S/o Malleshappa
Hadapad?

2) Whether the plaintiff is entitled to the

relief/s as prayed for?

3) What Order or decree?

6. In order to prove his case the plaintiff got

examined himself as P.W.1. Ex.P.1 to 3 are marked on the
plaintiff side. The defendant No.1 to 3 and 5 have not opted
to lead evidence. The defendant No.4 is ex­parte.

7. Heard arguments advanced by both sides.

Perused material available on records.
 6 O.S.No.649/2019

8. My answers to the above Issues are as under:

Issue No.1 : In the Affirmative.

Issue No.2 : In the Affirmative.
Issue No.3 : As per final order,
for the following:

REASONS

9. Issue No.1: It is the case of plaintiff that, his

correct name is Siddharudha S/o Malleshappa Hadapad,
but same incorrectly entered as Siddharudha S/o Malleshi
Hadapad in the records of the defendants and on request
also defendants did not turn up to rectify the same, and the
plaintiff constrained to file this suit. On the other hand, the
defendant No.1 to 3 and 5 have denied the case of plaintiff
and prayed to dismiss the suit with cost. The defendant
No.4 did not appear and was placed exparte.

10. In order to prove his case, the plaintiff entered in

to witness box and has filed his evidence affidavit in lieu of
examination­in­chief and got examined himself as P.W.1
and reiterated the averments of plaint. The plaintiff has also
relied upon the documentary evidence as per Ex.P.1 to 3.

11. Ex.P.1 is SSLC marks card/Certificate of the

plaintiff issued by the defendant No.5. On perusal of
Ex.P.5, it could be seen that, the name of the plaintiff is
 7 O.S.No.649/2019

been entered as Siddharudha Hadapad and name of his

father is been recorded as Malleshi Hadpad and name of
mother of the plaintiff is been recorded as Nilamma Hadpad.
Further it could be seen that, date of birth of the plaintiff is
been recorded as 02.05.1990. Further it could be seen that,
the name of the defendant No.4 is been shown at where the
plaintiff has studied his 10th standard. The defendant No.1
to 3 and 5 have contended that, the burden is on the
plaintiff to prove that, he has studied at the school of the
defendant No.4 from 8th standard to 10th standard. The
plaintiff by producing Ex.P.1 has proved that, he has
completed his 10th standard at the school of the defendant
No.4 and the defendant No.5 has issued Ex.P.1, on
13.05.2006.

12. Ex.P.2 is marks card of the plaintiff. On perusal

of the same it could be seen that, the plaintiff of this case
has completed his Mechanical engineering first semester
held in November 2006. Further it could be seen that,
name of the plaintiff is been recorded as Siddharudha
Malleshappa Hadapad and name of his father is been
recorded as Malleshappa. It is clear that, the plaintiff has
completed his 10th standard and studying at the college of
S.G.E.S. Rural Polytechnic SC/ST Cell, Tarihal, Hubli. The
plaintiff has not produced any documentary evidence in
 8 O.S.No.649/2019

order to show that, he has completed his 1st to 7th standard

at which school.

13. The plaintiff has also produced his Adhaar card

as per Ex.P.3. On perusal of Ex.P.3 it could be seen that,
the name of the plaintiff is been recorded as Siddharudha
Hadapad S/o: Malleshappa Hadapad.

14. P.W.1 was subjected to cross­examination by the

defendants’ side. P.W.1 in cross­examination, dated
12.04.2021, at page No.6, has admitted that, as per the
information furnished by the parents of the child name of
any child will be entered in the schools. P.W.1 voluntarily
stated that, his name was entered as per the information
furnished by his parents. Further P.W.1 has stated that, he
came to know about the incorrect entry at Ex.P.1, when he
had been to obtain passport. P.W.1 has denied the
suggestion that, his father’s name is correctly entered at
Ex.P.1, and incorrectly entered at Ex.P.2 and 3. Nothing
could be elucidated from his mouth to disbelieve his
testimony.

15. Further it is contention of the defendant No.1 to 3

and 5 that, the suit of the plaintiff is barred by law of
limitation. In this present case the plaintiff pleaded that,
 9 O.S.No.649/2019

he came to know about incorrect entry and he requested the

defendant No.4 school to rectify the same, but it did not
turn up and directed him to obtain order or decree from
competent Court and produce the same. In cross
examination also P.W.1 has stated that, he came to know
about the incorrect entry, when he approached concerned
authority to obtain passport. The cause of action pleaded by
the plaintiff cannot be disbelieved. The suit for declaration
may be filed within 3 years from the date of cause of action,
and the suit of the plaintiff cannot be said as barred by law
of limitation.

16. On going through Ex.P.2 and 3 it is clear that,

correct name of the plaintiff is Siddharudha S/o
Malleshappa Hadapad and same incorrectly entered as
Siddharudha S/o Malleshi Hadapad in the records of the
defendant No.4 and 5. The incorrect entry may cause
hurdles to the plaintiff in future. The incorrect entry may
cause hurdle to the plaintiff, from getting identified with his
own family. If, the defendants enters correct name of the
plaintiff in their records no loss will be caused to the
defendants. The plaintiff by leading cogent oral and
documentary evidence has proved that, his correct name is
Siddharudha S/o Malleshappa Hadapad, and incorrectly
entered as Siddharudha S/o Malleshi Hadapad, in the
 10 O.S.No.649/2019

records of the defendant No.4 and 5, pertaining to the

plaintiff. Hence, for all these reasons, I answer, Issue No.1
in the Affirmative.

17. Issue No.2 : In view of my answer to Issue No.1

in the Affirmative, the plaintiff is entitled to the relief/s of
declaration and consequential relief of injunction as prayed
for. Hence, for these reasons, I answer Issue No.2 in the
Affirmative.

18. Issue No.3: In view of my answers to Issue No.1

and 2 in the Affirmative, I proceed to pass the following:

ORDER
The suit of the plaintiff is hereby
decreed.

It is hereby declared that, correct

name of plaintiff is Siddharudha S/o
Malleshappa Hadapad, instead of
Siddharudha S/o Malleshi Hadapad.

The defendants are hereby directed

to rectify the correct name of the plaintiff in
their records.
 11 O.S.No.649/2019

No order as to costs.
Draw decree accordingly.

(Directly dictated to the Stenographer on Computer, typed by her, corrected, initiated and
then pronounced by me in the Open Court on this the 22nd day of April ­ 2021.)

(Smt. Parimala Tubaki)

I Addl. Civil Judge & J.M.F.C.,
Dharwad.

ANNEXURE
1. List of Witnesses examined on behalf of plaintiff:
P.W.1 : Siddharudha Malleshappa Hadapad

2. List of documents marked on behalf of plaintiff:

Ex.P.1 : SSLC Marks Card/Certificate
Ex.P.2 : First Semester Diploma Marks Card
Ex.P.3 : Original Aadhaar Card of Plaintiff

3. List of Witnesses examined on behalf of defendants:

­ Nil ­

4. List of documents marked on behalf of defendants:

­ Nil ­

Date: 22.04.2021 (Smt. Parimala Tubaki)

I Addl. Civil Judge & J.M.F.C.,
Dharwad.
 12 O.S.No.649/2019

22.04.2021
For Judgment

(Order pronounced in the Open Court vide separate Judgment.)

ORDER
The suit of the plaintiff is hereby
decreed.

It is hereby declared that, correct

name of plaintiff is Siddharudha S/o
Malleshappa Hadapad, instead of
Siddharudha S/o Malleshi Hadapad.

The defendants are hereby directed

to rectify the correct name of the plaintiff in
their records.

No order as to costs.

Draw decree accordingly.

(Smt. Parimala Tubaki)

I Addl. Civil Judge & J.M.F.C.,
Dharwad.