Case Summary
The plaintiff, Thomas Arukakkal Chandy, is seeking a correction of his date of birth in his passport from 27.07.1967 to 26.07.1972, as per his birth certificate. The defendants, including the Regional Passport Officer and the Union of India, argue that the plaintiff has acquiesced to the incorrect date for over 28 years and therefore, his request should not be entertained.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit for correction of date of birth in the plaintiff's passport has been dismissed as the plaintiff did not present sufficient materials to prove that the past declarations were mistakes.
Key Reasoning:
The court found that the plaintiff had acquiesced to the incorrect date of birth for many years and did not provide compelling evidence to support a correction.
The court found that the plaintiff had acquiesced to the incorrect date of birth for many years and did not provide compelling evidence to support a correction.
Why Defendant Won:
The court found that the plaintiff had acquiesced to the incorrect date of birth for many years and did not provide compelling evidence to support a correction.
The court found that the plaintiff had acquiesced to the incorrect date of birth for many years and did not provide compelling evidence to support a correction.
Supporting Evidence
The difference in date of birth be two years or twenty years, the power should be one to correct a bona fide mistake and that too within a reasonable time.
Judgment Evidence:
In the result, the suit is dismissed. No order is made as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Thomas Arukakkal Chandy @ Thomas A. C
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- The Regional Passport Officer
- Party Role
- Defendant
- Party Name
- Union of India
Plaintiffs Documents
Notarized Copy of passport, Birth Certificate, S.S.L.C Book, Aadhar Card, Pancard, Original Driving Licence, Power of attorney.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sabu Stephen
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P Rajesh Kumar (Standing Counsel Central Govt.)
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
A declaration for the correction of the date of birth in the plaintiff's passport.
Evidence:
In the light of the above discussions, this court is of the view that the plaintiff is not entitled to get the relief sought for.
Documents & Evidence
Document Type:
Notarized Copy of passport
Submitted By:
Plaintiff
Relevance:
This document is the subject of the correction sought in the suit.
Reference:
Ext.A1
Document Type:
Birth Certificate
Submitted By:
Plaintiff
Relevance:
This document proves the plaintiff's actual date of birth.
Reference:
Ext.A2
Document Type:
S.S.L.C Book
Submitted By:
Plaintiff
Relevance:
This document supports the claim regarding the correct date of birth.
Reference:
Ext.A3
Document Type:
Aadhar Card
Submitted By:
Plaintiff
Relevance:
This document contains the plaintiff's date of birth as needed for evidence.
Reference:
Ext.A4
Document Type:
Pancard
Submitted By:
Plaintiff
Relevance:
This document is referenced to verify the identity of the plaintiff.
Reference:
Ext.A5
Document Type:
Original Driving Licence
Submitted By:
Plaintiff
Relevance:
This document is used to further establish the identity of the plaintiff.
Reference:
Ext.A6
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document verifies the authority of the witness examined for the plaintiff.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Pala
Common Reasons
Correction of clerical mistake in passport
Case Code
Case between Thomas Arukakkal Chandy @ Thomas A. C vs The Regional Passport Officer, Union of India regarding correction of date of birth in passport.
Case Code Year
Case between Thomas Arukakkal Chandy @ Thomas A. C vs The Regional Passport Officer, Union of India regarding correction of date of birth in passport.