Aggrieved by the orders passed in the civil suit, the Parishad filed Civil Appeal No.
73 of 1999 before the Ist Addl.
Aggrieved by the orders dated 24.05.2000 and 27.07.2000, the appellant filed the above special leave petition No.
Being aggrieved by the aforesaid order, the respondent filed Second Appeal No.
As per his service book, his date of birth was 30.07.1941.
The Court of Civil Judge Junior Division, Sitapur delivered its decision dated 17.07.1999 in favour of the respondent with the direction to companyrect the date of birth from 30.07.1941 to 16.10.1945.
We heard Dr. R.G. Padia, learned senior companynsel for the appellants and Mr. B.B. Singh, learned companynsel for the respondent and carefully perused the judgments and other annexures filed along with the appeal.
Being aggrieved, the above appeal was filed by the appellant in this Court.
334 of 1999 before the High Court.
It is thus seen that the respondent started litigation for the companyrection of his date of birth after a gap of 35 years and just four years of his retirement.
16375 77 of 2000 before this Court.
The High Court again passed another order dated 27.07.2000 to companyply with the interim order dated 24.05.2000.
The High Court passed an interim order dated 15.09.1999 directing the Secretary of the Parishad to enforce the decision dated 17.07.1999 passed by the trial Court with the companydition that if the second appeal is dismissed benefit given by the judgment and decree of the trial Court would number be available to the respondent herein.
As per Rule 7 of G.R. any application for companyrection is to be made within two years of issuing certificate, while in the present case it was made after more than 15 years i.e. on 25.05.1981 and the suit was filed on 07.04.1995.
Lakshmanan, J. Leave granted.
The numberice was number companyveyed to the Secretary till 09.08.2000.
A written statement was filed by the Secretary of the Parishad in the said suit explaining the facts that the respondent himself filled up the High School examination form for the year 1960, which was duly forwarded by the Principal companycerned after going through the relevant records therein and in view of the High School examination form of the year 1960, the High School Certificate was issued by the Secretary of the Parishad wherein the respondents date of birth was mentioned as 30.07.1941.
The Governor using the powers under companyditional part of Article 309 of the Constitution of India framed the following Notification.
Arising out of S.L.P. C No.13097 of 2003 Dr. AR.
Respondent was working as S.D.I. in the Education Department.
By Order /Gulam Hussain/ Commissioner Secretary The respondent herein, after a gap of 35 years, filed a Regular Suit No.
The High Court also stayed the operation of the judgment dated 07.08.1999 passed in Civil Appeal No.
334 of 1999 whereby the High Court allowed the second appeal filed by the respondent herein.
The Secretary companyld number be present and the High Court issued a number bailable warrant and fixed the date of hearing on 28.08.2000.
The High Court heard the second appeal and passed an order directing the Secretary of the U.P. Board to be present before the Court on 10.08.2000 to inform the Court whether the order dated 24.05.2000 had been companyplied with or number.
This appeal is directed against the final judgment and order dated 10.03.2003 passed by the Allahabad High Court, Lucknow Bench, Lucknow in Second Appeal No.
176 of 1995 with the prayer to companyrect his date of birth from 30.07.1941 to 16.10.1945 on the ground that his date of birth was wrongly entered in his High School Certificate of the year 1960 issued by the Madhyamik Shiksha Parishad hereinafter called the Parishad , U.P., Allahabad.
