E
IN THE HIGH COURT OF KARNATAKA, BANGALORE
DATED THIS THE 1 IT" DAY OF
BEFORE
THE HONBLE MR. JUSTICE LI MNARAYANPIAGGSWAMY * G
R.F.A.NO.864 g'II2_c>_cII1;_*":;.{:3.I3R'm_~.'_j.' if '
BE! WEEN:
SRI V.SAJESH,
AGED ABOUT 23 YEARS.
SON OF sRI V.VASU, I
SURAPPA LAN ._
" -A
[BY SRI.H.1=JAG_rARAJAI.AH.;_'ADVOQATE}
AND:
I. STATE"'-Q5' I_(AR_NA'I"AK;A
RE-PRESE1\I'I'ED" BY ITS
SECRETARY.'--».VV_ _
B1)UCA'I"I.oN DEPARTMENT.
' "1\;/IULIFIASTOREYED BUILDING,
."_JIEE{ANPI VEEDHI.
A = IBANGAI;QRB.
2. THE GBRUTY DIRECTOR
I OF PUBLIC INSTRUCTION.
GALORE NORTH DISTRICT.
G BANGALORE.
-~{-B:Y SRI.NA.RAYANAPPA. AGA}
K
: APPELLANT
: RESPONDENTS
I-J
RFA FILED U/O 41 R1 R/W SEC 96 OF CPC AGAINST
THE JUDGMENT ANII) DECREE DATED
PASED IN O.S.NO.8229/2001 ON THE FIl’.,E__’OF
XVI .AoDLxHTY CHHL & sessumva AJQDGE;;
BANGALORE (HTK IHSMHEHNG awn: sun? FOR_*
CHANGEOFNAME. _s_
THE3APPEALrCONflNG oN’EoR.HEARnfii§jhs
DAY, THE COUR MADE FOLAL«QVVING:I.»-it-A. . A V’
oeofieyl A
The plaintiff has First Appeal
against the Jiildgment Lfleeree 29/5/2003
passed in:- yyfehe file of XVI Addl.
City C–i_vi}._8.: Bangalore City, dismissing
the suit”efo1’Vd’eel’ara*ti:on to change the name from
_ Saj,esh V to Rajeshymfiyliémar V.
2:,A_Tl1«erappe1lant submits that, he was named by
lllfiiis Sajesh V. Accordingly his name has
been refleeted in all the School records. I-Iis fathers
A Vf’V»na’lme is Vasu. Hence, V 11′ s been suffixed to his name.
He has relied on Governm nt order No.A5{l)/5(8) SSH
caste 23/89~9O dated 2/5/2000. under which pl.aintiff’
is required to obtain a declaration from the crolnzfiieotent
Civil Court for change of name. Earlier
affidavit before the Notary to getliis ‘n”am_:eu in
all the school records. Howev.er’–_:by virtue =
Government order he had the if
3. The Respon.d”ent7:-_dejferflaintsi though served
through summons. engaged but did not file
any written..état:§r_n.ent,l:.« _
{.t.””C)r1~ ahobellant he has examined
himselfas ‘go:t”»m’arked EXP} to P3 Consisting
of birth celrtificathe. ‘school certificate and Ration card
On’ behvalflof defendants none was been
-..eV:>V<a.rninedl..
the basis of the pleadings the Court below
V’ l..fffrarf:-ed points for determination and they have been
answered against the plaintiff. The Court: below has
“i
held that the plaintiff in order to misuse his rightgiven
to him under the Constitutiorl. wants to ch’ar1g’e-Vs..i2,is
name from Sajesh.V to Rajesh Kumar.V.
was concluded by the Court }:aei’owA
made by the plaintiff to change’«Vhils_ls
abuse of process. Hence. it ‘w_asirejeeted.=.s
6. Learned counts-‘sip submitted
that he has got under the
Constitution Government
order enables a person
to obtain the competent Civil Court in
order it It is submitted that people
call, ‘Saja’:_and therefore he want to change his
name as
A 7. ~ l Narayanappa. learned Additional
R””e__l’GoVerriment Advocate appearing for the respondent.
sslllsiiibmlilts that the appellant has not assigned reason why
it hewants to change his name from Sajesh. V. to Rajesh
‘<
Kumar.V. The Trial Court is right in dismissing the
suit. Hence. prays for dismissal of the appealfi"'–i..f"p–«._:"".,A
8. In the light of the submissions–ntadehloyAboth.>fl’7~.
the parties and in the fight of the eIt1dd;gri2.eii.t’ ‘and’jD__eeree
passed by the Court below’, the thatd’
consideration in this appeal are}
i}Whether the alppeillanlt :isp1.ehttt1ea to change his
name? 7
2) If so. what o1$:de:_r?_,.’
I aI’1é-’34\l1v\Ie:_v1.?””‘.the:’-pO1’1″1iS.Alli}.i}1\tC.]}t’ of the plaintiff for the
followinglreasonsiéfp
lappellatfitépdijailntfift»has stated he was named by
his parents’ He had no option to change
histriaiiie in his Aehiflldhood since like any other child he
eoulld ” optfor change of name. After growing up he
finds s_o’me}difficulty in facing the people when they call
him asv…’:Saja’. The word ‘Saga refers to imprisonment.
A”t.In’»-ofder to over come this displeasure he wants to
-mtzhange his name. The Constitution of India provides a
it
6
person to get his name changed which is the
fundamental right of every citizen. When
the case, the Court cannot reject his claim
name. The reason that is assigned_ by_-the ‘below
is that the appellant is mis-utili.siri’gi 7to
him even under the Coxistiftu./t<lon,A"-Thé'.?:ii3}§e1;Ia*n.t 'inust-T
substantially plead and pro.\.zel:A'y.rhy..p'he change
his name, otherwise of process.
The Court belo::w._ and reject the
claim it is found that
plaintiff'”i’r1teif1dslto tlhepzrovisions. Under these
assigned by the Court below
are not V.i:9l’e11Aeeli”‘ “pass the following order.
p The’«appealV”‘is”allowed. The order passed by the
aside. The suit filed by the plaintiff is
hereby.~dee’;’eed declaring the name of the appellant as
Rajeshliumar V. No order as to costs.
* Office is directed to dyfiw the decree accordingly.
Sri Narayanappa. learned Additional Govezifiment:
Advocate is permitted to file his memo of