- 1 - NC: 2025:KHC:16307 RFA No. 1133 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 1133 OF 2024 (DEC/INJ) BETWEEN: MS. INDULEKHA ANOOP, D/O ANOOP K. P., AGED ABOUT 17 YEARS, SINCE MINOR REPRESENTED BY FATHER AND NATURAL GUARDIAN MR ANOOP K. P., S/O K. PADMANABHAN, AGED ABOUT 47 YEARS, R/AT NO 152, DSR ELITE, MAHADEVAPURA MAIN ROAD, MAHADEVAPURA, BENGALURU – 560 048. …APPELLANT (BY SRI. SUBRAHMANYA P. D, DATTATRAY HEGDE, ADVOCATE) AND: 1. THE CENTRAL BOARD OF SECONDARY EDUCATION REGIONAL OFFICE, GYANABHARATHI MAIN ROAD, OPPOSITE TO NATIONAL LAW SCHOOL OF INDIA UNIVERSITY, CHANDRA LAYOUT EXTENSION, 2ND STAGE, NAGARABHAVI, BENGALURU – 560 040. 2. PRESIDENCY SCHOOL (AFFILIATED TO CBSE BOARD) NO. CA SITE, 7P 1A, 2ND A MAIN, 3RD A CROSS NGEF LAYOUT, KASTURI NAGAR, BENGALURU – 560 043 …RESPONDENTS (BY SRI. SHAILENDRA M. R., ADV. FOR R1; R2 IS SERVED BUT UNREPRESENTED) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - NC: 2025:KHC:16307 RFA No. 1133 of 2024 THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 22.02.2024 PASSED IN OS NO.6965/2023 ON THE FILE OF V ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU., DISMISSING THE SUIT FOR DECLARATION AND MANDATORY INJUNCTION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT This appeal by the unsuccessful plaintiff in O.S.No.6965/2023 is directed against the impugned judgment and decree dated 22.02.2024 passed by the V Additional City Civil and Sessions Judge, Bengaluru, whereby the said suit filed by the appellant-plaintiff for declaration that her date of birth was 26.12.2006 instead of 26.12.2005 and for consequential directions to the respondents to issue revised CBSE (10th Standard) Marks Card by showing her correct Date of Birth as 26.12.2006 was dismissed by the Trial Court. 2. Heard learned counsel for the appellant and learned counsel for respondent No.1 and perused the material on record. The respondent No.2 having been served with notice of - 3 - NC: 2025:KHC:16307 RFA No. 1133 of 2024 the appeal has chosen to remain unrepresented and has not contested the appeal. 3. The appellant-plaintiff instituted the aforesaid suit interalia contending that her actual date of birth was 26.12.2006 and due to oversight and inadvertence, her mother gave her date of birth at the time of admission to respondent No.2 - School as 26.12.2005, pursuant to which the CBSE (10th Standard) Marks Card issued by respondent No.1 - CBSE shows the Date of Birth of the plaintiff as 26.12.2005 instead of 26.12.2006, which was the actual date of birth of the plaintiff. It was contended that the Aadhar card, passport, birth certificate, paper publications and other documents etc., produced by the appellant show her date of birth as 26.12.2006. It was contended that since the request made to respondent No.1 to correct/change the date of birth of the plaintiff in her CBSE (10th Standard) Marks Card from 26.12.2005 to 26.12.2006 was not complied with by them, the appellant–plaintiff instituted the aforesaid suit against the respondents. - 4 - NC: 2025:KHC:16307 RFA No. 1133 of 2024 4. The respondents filed their written statement and contested the suit and sought for its dismissal pursuant to which the Trial Court framed the following issues: (i) Whether the natural guardian of plaintiff proves that correct date of birth of his daughter is ‘26/12/2006’ and not as ‘26/12/2005’? (ii) Whether the natural guardian of plaintiff is entitled for the relief of declaration and mandatory injunction as sought for? (iii) Whether the natural guardian of plaintiff is entitled for suit reliefs as sought for? (iv) What order or decree? 5. The plaintiff examined himself as PW-1 and Exs.P-1 to P-13 were marked, while the defendants did not adduce any oral or documentary evidence. 6. After hearing the parties, the Trial Court proceeded to dismiss the suit filed by the appellant-plaintiff, who is before this Court by way of the present appeal. 7. The only point that arises for consideration in the present appeal is whether the Trial Court was justified in dismissing the suit filed by the appellant-plaintiff? - 5 - NC: 2025:KHC:16307 RFA No. 1133 of 2024 8. A perusal of the material on record clearly establishes that apart from the fact that the pleadings and evidence adduced by the appellant – plaintiff had remained unimpeached, uncontroverted and unchallenged by the respondents – defendants, who had not adduced any evidence to rebut the claim of the appellant-plaintiff, the Birth Certificate at Ex.P-8, Aadhar Card at Ex.P-9, Passport at Ex.P-10, Endorsement issued by respondent No.2 – School at Ex.P-11, paper publications at Exs.P- 12 and 13, cumulatively establish that the actual date of birth of the plaintiff was 26.12.2006 and not 26.12.2005 as incorrectly/erroneously shown in the CBSE (10th Standard) Marks Card, which was based on the information wrongly given at the time of the admission of the plaintiff to the School by the plaintiff’s mother on account of oversight and inadvertence, which was carried forward by showing the incorrect date of birth of the plaintiff as 26.12.2005 instead of her actual date of birth, which was 26.12.2006. The cumulative effect of the material on record is sufficient to indicate that actual date of birth of the plaintiff was 26.12.2006 and not 26.12.2005 as incorrectly/erroneously shown in the CBSE (10th Standard) Marks Card, which deserves to be corrected accordingly. - 6 - NC: 2025:KHC:16307 RFA No. 1133 of 2024 9. Under these circumstances, I am of the considered opinion that the Trial Court clearly fell in error in dismissing the suit filed by the appellant by passing the impugned judgment and decree which deserves to be set aside by this Court in the present appeal. 10. In the result, I pass the following: ORDER (i) The appeal is hereby allowed. (ii) The impugned judgment and decree dated 22.02.2024 passed in O.S.No.6965/2023 on the file of the V Addl. City Civil and Sessions Judge at Bengaluru (CCH-13) is hereby set aside. (iii) The suit in O.S.No.6965/2023 filed by the appellant-plaintiff is hereby decreed as prayed for by the appellant. Registry to draw up decree accordingly. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS/BMC List No.: 2 Sl No.: 5