Law:

Section:

Specific Relief Act (I of 1877)-- ----S. 42---Suit for declaration---Change in date of birth and name in the educational testimonials---Birth certificate--Contention of plaintiff was that wrong entry of date of birth in his educational testimonials was caused by a 'clerical mistake'---Suit was decreed by the Trial Court and appeal was dismissed being time-barred---Validity---Admission Form for secondary school certificate examination had signature of plaintiff and his father---Plaintiff's date of birth in the said Form was stated to be 14-02-1993---Admission Form also contained an affidavit sworn by the plaintiff deposing that the particulars in the said Form were true and correct---Principal of the concerned school had also signed the said Form when it was submitted---Plaintiff's date of birth in the admission Form was not only filled in figures but in words as well---Authorities had not committed error in recording the plaintiff's date of birth on his secondary school certificate---Nothing was on record that plaintiff applied to the Education Board for correction of his date of birth in his educational testimonials---Trial Court could not have brushed aside admission Form by holding that the entries in the same could not bind plaintiff since they were made when he was a minor---Trial Court had not given due evidentiary weight to the admission Form which was an admitted document---Admission Form deserved due weight and credence---Entries made in the admission Form were correct and as per school record of the plaintiff---Evidence of unimpeachable character was required to change the date of birth entered in a person's educational testimonials---Pre-dated educational testimonials in question would have greater evidentiary value---Plaintiff's date of birth i.e. 14-02-1993 entered in the secondary school certificate was based on the entries made by him and/or his father in the admission Form---Plaintiff was estopped from taking a position contrary to the one taken by him prior to the issuance of said secondary school certificate---High Court observed that courts should be vigilant and cautious in granting discretionary relief of declaration in cases where…