RENUKA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed against the judgment and decree dated 08.03.2011 passed by the Senior Civil Judge & J.M.F.C. Muddebihal in R.A.No.7/2010 confirming the judgment and decree dated 06.01.2010 passed by the Civil Judge (Jr.Dn) Muddebihal in O.S.No.119/2009.

(2.) The brief facts of the case are that, plaintiff was born on 10.06.1987 and her date of birth is entered as 10.06.1987 in the school records where she was studying from 1st standard to 7th standard. At the time of admission the Government Girls School wherein the date of birth has been mentioned as 10.06.1987. Later on she has joined Charalingeshwara High School Tangadagi of Muddebihal Taluka to the 8th standard. This school was closed on account of technical reasons.

(3.) Pursuant to the notice, the defendant No.6 has filed the written statement. The other defendants have adopted the same. In the written statement they have denied the date of birth of the plaintiff as 10.06.1987. They have also denied that, the school authorities have wrongly entered the date of birth of plaintiff as 16.03.1985. The specific contention of the defendants is that, there is no document to establish the fact that, the plaintiff was born on 10.06.1987. Even though she had knowledge when she has obtain the S.S.L.C. marks card on 30.05.2003, when she has obtain the leaving certificate after putting her signature. Hence, the suit filed by the plaintiff is barred under article 58 of the limitation act. They further contended that, plaintiff's date of birth was corrected as 16.03.1985 on the basis of request made by the parent of the plaintiffs. Therefore, suit is not maintainable.