Order 1

Order Details: Copy of Judgment
Pdf Text: 1 Judgment in Suit No.1595/2018
Filed on : 11.04.2018
Registered on : 20.06.2018
Decided on : 17.01.2020
Duration : Year01 Month09 Days07
Exh18
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
Suit No.1595/2018
(CNR NO. MH CC010048412018)
Mohammed Sajid Abdul Gafoor
Age : 55 years,
Occupation : Service
R/at : 7105 (2), Noor Mohalla, Fort Gate,
Moodbidri, Manglore Taluka,
Dakshina Kannada, Karnataka 574 227 …..Plaintiff
V/s.
1) Union of India
Represented by the Chief Passport Officer,
Having its office at Ministry of External Affairs.
2) The Regional Passport Officer,
Regional, Passport Office Mumbai,
Having address at
Videsh Bhawan, Plot No.C45, GBlock
GBlock, Bandra (E), Bandra Kurla Complex,
Mumbai 400 051. ....Defendants
Appearance:
Ms. Sneha Mishra, Advocate for the plaintiff.
Exparte against defendants.
CORAM : HER HONOUR JUDGE
JAYSHRI R. PULATE
(C.R.NO.12)
DATE : 17 h January, 2020.
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2 Judgment in Suit No.1595/2018
JUDGMENT
1. The Suit is filed for declaration and correction of the year of
birth of plaintiff and for giving direction to defendants to correct the year
of birth of plaintiff in Passport bearing No. M 6169120 as 12.04.1963
instead of 12.04.1961.
2. It is averred by plaintiff that he is Senior Citizen of India and
completed his education in Mumbai and had his permanent place of
residence at Room No.10, 1st Floor, 43, Miya Ahmed Chotani Marg,
Chimna Bhuchter Street, Phydhonie, Mumbai and having presently his
permanent residence at 7105 (2), Noor Mohalla, Fort Gate, Moodbidri,
Manglore Taluka, Dakshina Kannada, Karnataka. The deceased father of
plaintiff had made an application for issue of his First Passport in the
year 1985 and accordingly Passport No. A807591 on 11.11.1985, at
Bombay was issued which was renewed on 15.11.1990. The year of the
birth of the plaintiff is recorded as 12.04.1961 instead of 12.04.1963.
3. It is further averred that during his employment at Doha,
Quatar, his passport got expired and at the time of renewal of Passport at
Doha, when it was requested by plaintiff to Indian Consulate General to
rectify mistake in the year of birth, it was informed to plaintiff that the
same can be done only after direction from the concerned Court. In the
year 2017, plaintiff approached “C” Ward Office of Municipal
Corporation of Grater Mumbai (MCGM) to obtain his Birth Certificate,
which was issued on 16.05.2017 wherein his correct date of birth is
mentioned as 12.04.1963. Passing certificate issued on 01.12.1978 by
Maharashtra State Board of Secondary & Higher Secondary Education
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Pune Divisional Board, also reflects the date of birth of plaintiff as
12.04.1963. Resultantly, the suit is filed.
4. In response to writ of summons, defendants failed to appear.
Therefore, suit is proceeded Exparte against defendant Nos. 1 and 2.
5. Following points arise for determination. Findings against
each of them along with reasons are stated as below.
SR. NOS. POINTS FINDINGS
1. Whether the plaintiff proves that
his year of birth is 12.04.1963 ?
In Affirmative
2. Whether plaintiff is entitled for
the declaration as sought ?
In Affirmative
3. What Order ? As per final order
REASONS
As to point Nos.1 and 2 Jointly.
6. In order to avoid repetition of the facts and evidence, both
the points are taken up together for simultaneous discussion.
In order to substantiate the claim, plaintiff has relied on
affidavit of ExaminationinChief at Exh5. He has relied on original
passport No. A 807591, original passport No. V 128573, original passport
No. F 3726788, photocopy of passport No. M 6169120, Birth Certificate
issued by MCGM, School Leaving Certificate, SCC Examination
Certificate, Aadhar Card, Pan Card, Letter of Advocate dated 16.01.2018
at Exh7 to 16.
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4 Judgment in Suit No.1595/2018
7. The documents relied upon by the plaintiff specifically shows
that his date of birth is 12.04.1963. The Birth Certificate issued by
MCGM at Exh12 and SSC Examination Certificate at Exh13 shows that
birth date of plaintiff is 12.04.1963. It is pertinent to note that the
defendants have not challenged the case of the plaintiff. Therefore, the
contentions of plaintiff has to be accepted.
8. Learned Advocate for plaintiff relied on the observations in
the case of Manjit Singh v/s. The Regional Passport Office decided on
01/10/2014. The said judgment is delivered by Delhi District Court and
therefore it is not a binding precedent. He has further relied on the
observations in the case of Ms Shilpi V/s Union Of India and others
S.B. Civil Writ Petition No. 6598/2014 decided on 10/08/2016. So far
as this case is concerned,there is nothing on record to ascertain which
authority has passed such order. Therefore, reliance cannot be placed on
such judgment.
9. In the present case, the claim of plaintiff is not disputed on
behalf of defendants. Therefore, from available record it seems that the
year of birth of plaintiff is mentioned as 12.04.1961 instead of
12.04.1963 in the passport, issued by defendant No.2. Therefore,
plaintiff is entitled for the declaration as sought and the defendant can
very well be directed either to accept fresh application for the passport or
accept application for correction in the date of birth of the plaintiff as per
relevant provision of Passport Act or the Rules mentioned therein or
manual in respect of the same. Hence point Nos. 1 and 2 are answered
in affirmative.
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As to Point No. 3.
10. In view of forgoing discussion, it has came on record that
plaintiff is entitled for relief of declaration and correction of his year of
birth in the passport issued by defendant No.2. Resultantly, for the
answer of point No.3, I pass following order.
ORDER
1) Suit is decreed.
2) In the facts and circumstances of the case, plaintiff shall bear the
cost of the suit.
3) It is declared that the date of birth of plaintiff is 12/04/1963.
4) Defendant No.2 is directed to accept the plaintiff's application for
making correction in the passport about his correct date of birth
and carry out necessary correction as per rules in the passport
bearing No. M 6169120 showing correct date of birth as
12/04/1963 instead of 12/04/1961.
5) Decree be drawn accordingly.
(Jayshri R. Pulate)
Judge
City Civil Court,
Gr. Bombay
Date : 17/01/2020
Dictated on : 17.01.2020
Transcribed on : 20.01.2020
Signed on : 23.01.2020
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
24.01.2020 11.55 a.m. Ms. Ujwala J. Bhagat.
Name of the Judge H.H.J. Jayshri R. Pulate.
(Court Room No.12)
Date of pronouncement of Order 17.01.2020
Order signed by P.O. on 23.01.2020
Order uploaded on 24.01.2020
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