JAINENDRA KUMAR RANKA,J. - (1.) The instant appeal is directed against order of the appellate court dt 17.7.2013 passed in Appeal No.28/2013, whereby the appeal filed by the respondent has been allowed.
(2.) The brief facts noticed are that the appellants Pawan Yadav and Meenakshi Yadav, are brother and sister and claim to be son and daughter of Shri Satvir Singh Yadav, and both were born in New Delhi as per birth certificate placed on record, however, since the family was disturbed on account of the father Shri Satvir Singh Yadav being an alcoholic and relations between their parents were strained, both the children were sent to Jaipur for study purposes. It appears that the name of their father in the school record came to be written as Shri Sajjan Singh Yadav and noticing this fact, a suit for declaration was filed before the trial court and the trial court after taking into consideration the evidence on record and particularly the birth certificate of the appellants as also the statement/cross examination of mother Smt. Chinta Devi, who asserted that name of the father is Satvir Singh Yadav and not Sajjan Singh Yadav and taking into consideration the above as well as other material placed on record, accepted the prayer and held that name of the father be corrected to be Satvir Singh Yadav as against Sajjan Singh Yadav and the Secondary Education Board, Rajasthan, was directed to correct the name in their record.
(3.) An appeal came to be filed by the respondent Secondary Education Board before the first appellate court, and the appellate court reversed the finding reached by the trial court, which has been assailed herein.;