Narendra Kumar Jain, J. - (1.) HEARD learned Counsel for the parties.
(2.) PLAINTIFF /Respondent filed a suit for declaration and permanent injunction to the effect that his date of birth is 04.07.1951 and not 04.07.1946 as recorded in his service record, therefore, it be declared that Plaintiff's date of birth is 04.07.1951 and the Defendants may be restrained not to retire him treating his date of birth as 04.07.1951. The suit was contested by the Defendants by filing written statement. Issue No. 1 was as to whether Plaintiff's date of birth is 04.07.1951 or not. The learned trial Court after appreciation of evidence of both the parties, decided Issue No. 1 in favour of Plaintiff and consequently, decreed the suit.
(3.) THE question of date of birth is purely a question of fact and there is concurrent finding of fact by both the Courts below in favour of Plaintiff/Respondent, which cannot be interfered with by this Court in second appeal under Section 100 CPC.;