9911796707
TMI Blog2020 (2) TMI 1676X X X X Extracts X X X X X X X X Extracts X X X X ..... RT] , the Date of Birth was sought to be proved by the Principal of the School. Though, the Principal could not produce the admission form in original or its copy. It was held therein that the entries contained in the school s register are relevant and admissible but have no evidentiary value for the purpose of proof of date of birth of the candidates. A vital piece of evidence was missing as no evidence was placed before the court to show on whose information the date of birth was recorded in the aforesaid document. It was held that The date of birth mentioned in the scholars' register has no evidentiary value unless the person who made the entry or who gave the date of birth is examined. The entry contained in the admission form or in the scholar's register must be shown to be made on the basis of information given by the parents or a person having special knowledge about the date of birth of the person concerned. In Madan Mohan Singh , [ 2010 (8) TMI 1168 - SUPREME COURT] this Court held that the entries made in the official record may be admissible under Section 35 of the Indian Evidence Act, 1872 but the Court has a right to examine their probative value. Bot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aimed that he was minor at the time of death of his father in the year 1963 and that he continued as a member of the joint Hindu family in joint possession and enjoyment of the property of joint Hindu family. The plaintiff asserted that his signatures were obtained on a few documents and that he was not aware of the contents of the same nor did he execute any document thereof and understood what they were. Para 6 of the plaint reads thus: 6. The plaintiff was kept in the dark about the family affairs and implicitly obeyed the dictates of the other defendants and did whatever he was asked to do. In fact, his signatures were taken on few documents and the plaintiff is not aware of the contents nor did he execute any document thereof or understands what they were. 3. In the written statement filed, it was asserted that the plaintiff and defendant Nos. 1 to 3 and their father were members of joint Hindu family till 15th June, 1963. The plaintiff demanded and wished to separate himself from the joint Hindu family and executed a release deed on 15th June, 1963 and severed all the connections from the joint Hindu family when he received consideration of Rs.5,000/- for his share ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ents. The defendants have proved the execution of the release deed by the plaintiff. The plaintiff admitted that he executed a release deed on 15th June, 1963 and has been residing with his father-in-law in Kempapura because a dispute arose between his father and brothers and himself. He admitted that his father died on 30th June, 1963 and that his brothers are residing separately since 1964. The trial court further held that the plaintiff has not pleaded any fraud or coercion in respect of release deed, thus, the Court came to the conclusion that the release deed is valid and the plaintiff is not entitled to any share in the suit schedule properties. 8. Aggrieved, plaintiff filed appeal before the learned First Appellate Court. The learned First Appellate Court examined the questions as to whether on the date of execution of the release deed, the plaintiff was a major or not and whether the release deed obtained by undue influence or coercion etc. The Court held that the plaintiff had not pleaded at any time that the release deed was obtained by fraud or coercion or that he had not received any consideration thereunder. After discussing the statements of witnesses and the docum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nor Wali Singh was infructuous in law. Therefore, the suit cannot be said to be barred by virtue of Article 44 of the Limitation Act. The said judgment has no applicability to the facts of the present case as it does not deal with the question of admissibility of a School Leaving Certificate which would determine the date of birth. 12. The argument of learned counsel for the plaintiff-respondent is that transfer certificate is a public document which was prepared on the basis of a statement made by his father. Such document bears the signature of his father as well. It is also contended that such document is prepared in the course of official duty of the staff of the Government School, therefore, there is presumption of correctness in terms of Section 35 of the Indian Evidence Act, 1872. Learned counsel for the plaintiff has also referred to the judgment of this Court reported as Birad Mal Singhvi v. Anand Purohit 1988 (Supp.) SCC 604 wherein, the entry recording the Date of Birth in the School Register is said to have a probative value. Reference is also made to a judgment reported as Madan Mohan Singh Ors. v. Rajni Kant Anr. (2010) 9 SCC 209 to contend that the entry ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot prove the date of birth, recorded therein, as reliable and trustworthy. 17. In Birad Mal Singhvi, the Date of Birth was sought to be proved by the Principal of the School. Though, the Principal could not produce the admission form in original or its copy. It was held therein that the entries contained in the school s register are relevant and admissible but have no evidentiary value for the purpose of proof of date of birth of the candidates. A vital piece of evidence was missing as no evidence was placed before the court to show on whose information the date of birth was recorded in the aforesaid document. It was held as under: 14. ..No doubt, Exs. 8. 9, 10, 11 and 12 are relevant and admissible but these documents have no evidentiary value for purpose of proof of date of birth of Hukmi Chand and Suraj Prakash Joshi as the vital piece of evidence is missing, because no evidence was placed before the court to show on whose information the date of birth of Hukmi Chand and the date of birth of Suraj Prakash Joshi were recorded in the aforesaid document. As already stated neither of the parents of the two candidates nor any other person having special knowledge about their ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ya Brat Narain Sinha [AIR 1965 SC 282] , Birad Mal Singhvi v. Anand Purohit [1988 Supp SCC 604 : AIR 1988 SC 1796] , Vishnu v. State of Maharashtra [(2006) 1 SCC 283 : (2006) 1 SCC (Cri) 217] and Satpal Singh v. State of Haryana [(2010) 8 SCC 714 : JT (2010) 7 SC 500] .) 22. If a person wants to rely on a particular date of birth and wants to press a document in service, he has to prove its authenticity in terms of Section 32(5) or Sections 50, 51, 59, 60 and 61, etc. of the Evidence Act by examining the person having special means of knowledge, authenticity of date, time, etc. mentioned therein. (Vide Updesh Kumar v. Prithvi Singh [(2001) 2 SCC 524 : 2001 SCC (Cri) 1300 : 2001 SCC (L S) 1063] and State of Punjab v. Mohinder Singh [(2005) 3 SCC 702 : AIR 2005 SC 1868].) 19. In a judgment reported as Ram Suresh Singh v. Prabhat Singh Anr. (2009) 6 SCC 681, it has been held that entry in the School Register may not be a public document and, thus, must be proved in accordance with law. The Court held as under: 12. The condition laid down in Section 35 of the Evidence Act for proving an entry pertaining to the age of a student in a school admission register is to b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or at the time of execution of release deed. He failed to prove his date of birth as 8th April 1946, therefore, his suit is to be dismissed and was rightly dismissed by the learned trial court and the First Appellate Court. The High Court in Second Appeal could not reappreciate the evidence to take a different view that such document is proved. The illegality on account of alleged improper consideration does not give rise to a substantial question of law. 24. The plaintiff has admitted the release deed and the marriage deed dated 15th June, 1963 and 29th June, 1964 respectively having been executed by him when confronted with in his cross examination. Both the documents are registered documents. On the basis of admission, both courts have returned a finding of fact that the plaintiff has not been able to prove date of birth as 8th April, 1946. We find that the High Court committed a grave error in interfering in the second appeal by merely taking a different view on the basis of same evidence on the basis of which both the trial court as well as First Appellate Court held the plaintiff has failed to prove his date of birth as 8th April 1946. 25. The question as to whether a s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lower appellate court is binding on the High Court. In the said case, the First Appellate Court set aside the judgment of the trial court. It was held that the High Court can interfere if the conclusion drawn by the lower court was erroneous being contrary to mandatory provisions of law applicable or if it is a settled position on the basis of a pronouncement made by the court or based upon inadmissible evidence or arrived at without evidence. This Court held as under: 5. It is not within the domain of the High Court to investigate the grounds on which findings were arrived at, by the last court of fact, being the first appellate court. It is true that the lower appellate court should not ordinarily reject witnesses accepted by the trial court in respect of credibility but even where it has rejected the witnesses accepted by the trial court, the same is no ground for interference in second appeal when it is found that the appellate court had given satisfactory reasons for doing so. In a case where from a given set of circumstances two inferences are possible, one drawn by the lower appellate court is binding on the High Court in second appeal. Adopting any other approach is n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was recorded against any provision of law and lastly, the decision is one which no Judge acting judicially could reasonably have reached. (see observation made by learned Judge Vivian Bose,J. as His Lordship then was a Judge of the Nagpur High Court in Rajeshwar Vishwanath Mamidwar Ors. vs. Dashrath Narayan Chilwelkar Ors., AIR 1943 Nagpur 117 Para 43). 29. The learned High Court has not satisfied the tests laid down in the aforesaid judgements. Both the courts, the trial court and the learned First Appellate Court, have examined the School Leaving Certificate and returned a finding that the date of birth does not stand proved from such certificate. May be the High Court could have taken a different view acting as a trial court but once, two courts have returned a finding which is not based upon any misreading of material documents, nor is recorded against any provision of law, and neither can it be said that any judge acting judicially and reasonably could not have reached such a finding, then, the High Court cannot be said to have erred. Resultantly, no substantial question of law arose for consideration before the High Court. 30. Thus, we find that the High Court e ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
