RAMESH KUMAR MERATHIA,J. - (1.) The plaintiff/appellant filed this suit for declaration that his date of birth as recoded in the service excerpts and Form B Register of Loharpatti Colliery, B.C.C.L showing 1.1.1942 is incorrect and it should be rectified as 3.2.1949.
(2.) THE trial court decreed the suit. The defendants/ respondents filed appeal. Before the lower appellate court, the respondents raised a question of law that the suit was barred by limitation. It was accepted and the suit was dismissed. This second appeal was admitted on the question -"whether the lower appellate Court was justified in dismissing the suit on the ground that it was barred by limitation? 
(3.) MR . Manjul Prasad, learned senior counsel, appearing for the appellant, submitted that the suit was filed on 1.1.2000 i.e. within three years from 25.5.1998 when in the I. D. Card (Identity Card), his date of birth was mentioned incorrectly. He further submitted that in Paragraph -31 of the plaint, the plaintiff asserted that the cause of action of the suit arose on 25.5.1998 but the respondents gave evasive reply to such statement and therefore it will be deemed that it was admitted by the respondents that the cause of action arose on 25.5.1998 and thus they cannot contend that the suit was barred by limitation. He relied on the judgment of Mst. Rukhmabai v. Lala Laxminarayan and others, reported in AIR 1960 S.C. 335 and Order VIII, Rule 5 of the Code of Civil Procedure (C.P.C.).;