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SCA/10498/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10498 of 2010
=========================================================
DAXABEN
D/O AMBALAL PATEL - Petitioner(s)
Versus
STATE
OF GUJARAT & 4 - Respondent(s)
=========================================================
Appearance
:
MR
RAJESH K SHAH for
Petitioner(s) : 1,
GOVERNMENT PLEADER for Respondent(s) : 1,
None
for Respondent(s) : 2 -
5.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 09/09/2010
ORAL
ORDER
Heard
learned advocate Mr.R.K.Shah appearing on behalf of petitioner and
learned AGP Ms.Jirga Jhaveri appearing on behalf of respondent
State authority. This matter was notified before other Hon’ble
Bench, and Hon’ble Bench passed an order on 03.09.2010, which is
quoted as under:-
The
relief prayed for by the petitioner in present petition, is in
following terms:-
10(B) Your
Lordship may be pleased to direct the respondent School Authority
Principal, Primary School, Jahagirpura, Taluka District : Anand
to make correct in the School Leaving Certificate, in the column of
Birth Date, the correct Birth Date is 03/05/1966 instead of
01/06/1996.
In
present petition, as can be seen from the aforesaid relief prayed for
in para 10(B), any order by Civil Court is not under challenge.
Hence, Office is directed to take necessary steps for listing the
matter before the appropriate Court.
Thereafter,
matter has been notified before this Court. The question, which has
been raised by petitioner in present petition is that the date of
birth, recorded in Birth Register is correct and date of birth
recorded in School Leaving Certificate requires to be corrected and
also the name of mother required to be included in Birth Register as
there was no column of mother’s name, when date of birth certificate
was issued. In light of this background, petitioner has approached
Civil Court, Anand by way of Regular Civil Suit No.424 of 2009,
which was dismissed by Civil Court, Anand on 31.07.2010.
Learned
AGP Ms.Jirga Jhaveri appearing on behalf of respondent State
authority submitted that when Civil Court has decided merits of the
matter, then, present petition is not maintainable, because
petitioner has to file first appeal before District Court under
Section 96 of CPC. This petition may not be entertained by this
Court.
I
have considered submissions made by both learned advocates. Keeping
in mind the fact that Civil Court has examined merits and then, suit
has been dismissed, it is open for petitioner to approach District
Court by way of filing first appeal under Section 96 of CPC. As and
when, such appeal is filed by petitioner, it is directed to District
Court/ Appellate Court to expedite hearing of appeal and then to
pass appropriate order, within some reasonable time after giving
reasonable opportunity to respective parties.
In
view of above observations and directions, present petition is
disposed of without expressing any opinion on merits.
Direct
service is permitted.
[H.K.RATHOD,
J.]
..mitesh..
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