IN THE COURT OF THE I ADDL.

CIVIL JUDGE &

JMFC, AT DHARWAD
PRESENTS:
Smt. Latha.J, B.Com. L.L.B.,
C/C I Addl. Civil Judge & JMFC,
Dharwad.
Dated this the 04th day of August 2021
Original Suit No. 153/2021

Plaintiff : Sri.Mahadevappa S/o Fakkirappa

Madar, Age: 44 years, Occ: Coolie,
R/o: Mammigatti, Tq and Dist:
Dharwad.

{ By Sri.R.B.Desai., Advocate }
­­­ V/s ­­­
Defendants : The Tahashildar,
Registration of
Births and Deaths Section.
Tq: Dist: Dharwad.

{ By Sri.I A.D.G.P., Advocate }

Date of Institution of the suit : 09­03­2021

Nature of the Suit : Declaration
Date of recording Evidence : 16­07­2021

Date of closing Evidence : 16­07­2021

Date of Judgment : 04­08­2021

Years Months Days

Total Duration :
00 04 26
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Jdmt. OS No. 153/2021

Judgment Suit is decreed

I/C I Addl. Civil Judge & JMFC,

Dharwad. 04­08­2021.
JUDGMENT

The Plaintiff has filed this suit against the defendant for

the relief of declaration that, the name of grand father of the

plaintiff as 'Dyamappa Madar' instead of 'Baneppa Madar' in

column No.6 of death certificate of his father, and his father

mother's name is “Durgavva” in column No.7 of death

certificate of his father and to direct the defendant to make

necessary corrections as 'Dyamappa Madar' instead of

'Baneppa Madar' and his mother’s Name is 'Durgavva' in the

death certificate.

2. The Brief facts of the plaintiff case as under :

The brief facts of the plaintiff's case is that, his father

died on 29.10.2000 in Mummigatti village and in the death

certificate at column No.7 his grandmother name 'Durgavva'

should be added and in column No.6 of death certificate his

grandfather name is to be corrected as “Dyamappa Madar”

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Jdmt. OS No. 153/2021

instead of “Baneppa Madar”. Due to inadvertence and by

oversight and due to some unavoidable circumstances, the

name of the grandfather is mentioned as 'Baneppa Madar'

and grand mother name is not mentioned in the death

certificate of his father. On coming to know the mistake

occurred in the death certificate the plaintiff approached the

defendant to get rectify the same. But the defendant refused

to rectify the same. In turn the defendant issued an

endorsement stating that, it is not permissible under law and

hence it cannot be rectified. The plaintiff contend that the

plaintiff would suffer irreparable loss if his grandfather’s

correct name is not entered and his grand mother name is

not mentioned in the death register as well as in death

certificate. Hence, the plaintiff approached the court.

3. After institution of the suit, the Court issued summons

to the defendant. After receipt of summons, the defendant

appeared through A.D.G.P and filed their written statement

contending that, the defendant has entered the details in

death register as the information furnished by the parties.

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Jdmt. OS No. 153/2021

There is no provision under law to change the particulars of a

person including name. Further, the plaintiff sought for

changes in the death certificate after 10 years. Hence, the

suit is barred by limitations. Hence, prays this Court to

dismiss this suit with costs.

4. On the basis of the pleadings my predecessor has framed

the following:

ISSUES

1. Whether the plaintiff proves that his father's

father name is Dyamappa Madar instead of
Baneppa Madar and his father's mother
name is Durgavva?

2. Whether the plaintiff proves that in the death

certificate of his father Fakkirappa S/o
Dyamappa Madar, name of his father's
mother Durgavva not been recorded and his
father's father name is correctly entered as
Baneppa Madar instead of Dyamappa
Madar?
3. Whether the plaintiff is entitled to the relief/s
as prayed for?
4. What order or decree?
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Jdmt. OS No. 153/2021

5. In order to prove the plaintiff case, the plaintiff got

examined himself as PW­1 and got marked documents as

Ex.P1 to P5. With this evidence, the plaintiff closed his side of

evidence. On the other hand defendant though appeared and

filed their written statement whereas they did not lead

evidence nor got marked any documents on their behalf.

6. I have heard arguments of both the parties.

7. On perusal of the records, oral and documentary

evidence before this Court, my findings to the above issues

are as under :

Issue No.1 : In affirmative

Issue No.2 : In affirmative.
Issue No.3 : In affirmative
Issue No.4 : As per final order
for the following

REASONS

8. Issue No.1 to 3: As these issues are inter related, I

take issue No.1 to 3 together for common discussion in order

to avoid repetition.
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Jdmt. OS No. 153/2021

It is the case of the plaintiff that, his father died on

29.10.2000 in Mummigatti village and in the death certificate

at column No.7 the name of the grandfather is wrongly

mentioned as Baneppa Madar and grand mother name as

Durgavva is not mentioned in the death certificate of his

father. Hence he pray this Court to declare the name of

plaintiff father’s father name is Dyamappa Madar and to

enter the name of his father’s mother as Durgavva and such

direct the defendant to effect necessary rectifications in the

register concerned. The plaintiff is the grand son of one

'Dyamappa' he was examined himself as P.W.1 and got

marked documents as Ex.P.1 to 5. He re­iterated the plaint

averments in his deposition.

9. P.W.1 got marked Ex.P.1 to 5. Ex.P.1 is the Death

certificate of Fakkirappa, Ex.P.2 is the Endorsement, Ex.P.3

is the Notarized Copy of Aadhar Card, Ex.P.4 is the Notarized

Copy of Election I.D. and Ex.P.5 is the Receipt.

10. By Perusing Ex.P.1 the death certificate of 'Fakkirappa'

who is the father of the plaintiff who was died on 29.10.2000.

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Jdmt. OS No. 153/2021

In the death certificate which is marked as Ex.P.1 the name

of grandfather of the plaintiff is mentioned as 'Baneppa'.

While deposing before the court P.W.1 has also stated that,

his grand father name is 'Dyamappa' and not 'Baneppa'. He

also contends that, the name of grandfather of plaintiff is

wrongly mentioned as 'Baneppa' instead of 'Dyamappa' and

his grand mother name is not mentioned in the death

certificate.

11. In order to substantiate the fact that the plaintiff

grandfather name is 'Dyamappa' P.W.1 has produced the

school certificate of 'Fakkirappa' which is marked as Ex.P.2,

Ex.P.4 Notarized copy of election identity card of father of

plaintiff, Ex.P.5 general receipt wherein it shows the name of

grandfather of plaintiff is as 'Dyamappa' not 'Baneppa'. By

perusing the Ex.P.1 is the death certificate of 'Fakkirappa'

Ex.P.4 Notarized copy of election identity card of father of

plaintiff, Ex.P.5 general receipt it appears that, the plaintiff

grandfather is being called as 'Dyamappa Madar' not

'Baneppa Madar'. Hence, it cannot be said that the plaintiff

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Jdmt. OS No. 153/2021

grandfather got changed his name.

12. By perusing Ex.P.2 endorsement, it appears that the

defendant has refused to rectify the name of the plaintiff

grandfather and to mention the name of grandmother in the

Birth and death Register stating that, it is not permissible

under law. By going through the death certificate it clearly

appears that it is a typographical error or writing mistake. By

perusing all the documents it appears that the grandfather

does all the correspondence in his original name.

13. P.W.1 has deposed before the Court that, his grand

father name is 'Dyamappa Madar' and not 'Baneppa Madar'.

Inspite of filing the written statement, the defendants have

not cross examined the PW­1 and did not lead evidence on

their behalf. They did not object the version of PW­1. In the

absence of any objections by the defendant, the Court cannot

disbelieve the version of PW­1. The defendant has not

substantiated their defence. In their written statement

though this fact denied that, the suit is barred by limitation

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Jdmt. OS No. 153/2021

and as per the instruction of the parties the death certificate

was issued, the court cannot dis­believe the version of P.W.1.

As per the version of P.W.1, the plaintiff required the death

certificate of his father for future purpose.

14. As per Sec.15 of the Registration of Births and Deaths

Act, if the registrar is satisfied that, any entry of birth or

death is erroneous in the form or substance or has been

fraudulently or improperly made, such entries may be

corrected or cancelled by making suitable entry, and shall

sign the marginal entry and add thereto the date of correction

or cancellation. It means the law provides an opportunity to

correct the entries in the birth and death registers.

15. In a reported decision of AIR 2007 Delhi 46­R.K.Kohli

V/s. Central Board Secondary Education, their lordships

have held that the Courts should not grant the relief when a

person repeatedly approaches the Court for the change of

name. However in the present case, the plaintiffs approached

the Court for the first time to get rectify the name of plaintiff

grand father of the plaintiff in the death certificate of his

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Jdmt. OS No. 153/2021

father and to add grandmother of plaintiff as Durgavva

Moreover, the relief sought by the plaintiff is not against to

any law.

16. In the present case, no reason is made and to dis­

believe the version of P.W.1 with regard to the name of grand

father and grand mother of the plaintiff. By perusing all the

documents namely Ex.P2, ExP4, ExP5 it appears that,

mentioning of the name of grand father of plaintiff as

'Dyamappa Madar' instead of 'Baneppa Madar' and not

mentioning of grandmother name as Durgavva is a

typographical error or writing mistake. The defendant did

not produce any substantial documents or evidence to deny

and discard the version of P.W.1. Therefore, the evidence

adduced by the plaintiff remained un­challenged and

therefore there is nothing on record to dis­believe or discard

the evidence of plaintiff. In these circumstances the plaintiff

has made out the ground to declare the name of grand father

of the plaintiff as 'Dyammappa Madar' and his grand mother

name as 'Durgavva' and as such he is entitled to the relief of

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Jdmt. OS No. 153/2021

declaration as sought in the plaint. Accordingly, I answer

issue No.1 to 3 in Affirmative.

17. Issue No.4:­ In view of above said reasons, I proceed to

pass the following :
ORDER

The suit filed by the plaintiff is hereby

decreed.
It is declared that, the name of grand
father of the plaintiff is 'Dyamappa Madar'
and grand mother name as 'Durgavva' and
as such the defendant is directed to effect
necessary rectification in the birth and death
register concerned to mention the correct
name of grand father of plaintiff as
'Dyamappa Madar' in column No.6 and
grandmother name as 'Durgavva” in column
No.7 of death certificate of plaintiff father.
No order as to cost.
Office to Draw decree accordingly.
(Dictated to the stenographer directly on computer, typed by him and
corrected by me and pronounced in the Open Court on this the 04 th day of
August 2021).

(Smt. Latha J.)

C/C I Addl. Civil Judge & JMFC,
Dharwad.
~*~*~*~
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Jdmt. OS No. 153/2021

APPENDIX
1. List of witnesses examined for the plaintiff:

PW­1 : Mahadevappa F. Madar 16­07­2021

2. List of documents marked for the plaintiff:

Ex.P1 : Death Certificate of Plaintiff's father

Ex.P2 : School Certificate of Plaintiff's father
Ex.P3 : Notarized Aadhar Card of Plaintiff
Ex.P4 : Notarized Voter I.D of Plaintiff's father
Ex.P5 : General Receipt.

3. List of witnesses examined for the defendant

DW­1 : ­­­­­

4. List of documents marked for the defendant :

Ex.D1 : ­­­­­

(Smt. Latha J.)

C/C I Addl. Civil Judge & JMFC,
Dharwad.

~*~*~*~*~
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Jdmt. OS No. 153/2021

04.08.2021.

(Judgment pronounced in the open court)

ORDER

The suit filed by the plaintiff is hereby

decreed.
It is declared that, the name of grand
father of the plaintiff is 'Dyamappa Madar'
and grand mother name as 'Durgavva' and
as such the defendant is directed to effect
necessary rectification in the birth and death
register concerned to mention the correct
name of grand father of plaintiff as
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Jdmt. OS No. 153/2021

'Dyamappa Madar' in column No.6 and

grandmother name as 'Durgavva” in column
No.7 of death certificate of plaintiff father.
No order as to cost.
Office to Draw decree accordingly.

C/C I Addl. Civil Judge & JMFC,

Dharwad.