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2017 DIGILAW 741 (KAR)

S. K. Manjunath v. Tahasildar, Bangalore East Taluk

2017-04-12

A.S.BOPANNA

body2017
ORDER : A.S. Bopanna, J. 1. The petitioners are before this Court assailing the order dated 2-7-2012 passed in C. Misc. No. 56 of 2012 impugned at Annexure-F to the petition. The respondent 2 herein had filed a petition under Section 13(3) of the Registration of Births and Deaths Act, 1969 before the Chief Judicial Magistrate, Bangalore in C. Misc. No. 56 of 2012 contending that the father of the respondent 2 herein late Erappa died on 16-5-1961 at the residence of respondent 2 herein at Sulikunte Village, Varthur Hobli, Bangalore East Taluk and in that regard, the respondent 2 had prayed that a direction be issued to the Competent Authority to record the date of death of late Erappa as 16-5-1961 in the concerned register and issue the extract thereof. 2. The Court below, in the absence of any contest to the statement put forth in the said petition, has through the impugned order dated 2-7-2012 allowed the application and directed the respondent 1 herein, who was the respondent to the said proceedings to enter the date of death as 16-5-1961 against the name of late Erappa, the father of respondent 2. The petitioners claiming to be aggrieved by the same are before this Court. 3. The grievance of the petitioners is that, due to the fact that the declaration as provided therein and direction issued to enter the date of death as indicated therein, it would defeat the right of the petitioners in the suit between the parties which is pending in O.S. No. 587 of 2009. It is further contended in the petition that pursuant to issue of such certificate behind the back of the petitioners herein, the respondent 2 herein has filed an application under Order VI, Rule 17 of the Civil Procedure Code, 1908 in the suit to carry out amendment which is based on the certificate that is issued, whereby the right in the suit would be defeated. 4. Insofar as the contention that is put forth in the petition and as to whether the petitioners should also have been impleaded in the said petition, if such direction was sought in a petition under Section 13(3) of the Act, 1969, the question of law has already been considered by this Court in the case of Smt. Muniyamma and Others v. Devegowda and Others, 2014 (1) Kar.L.J. 714 : ILR 2013 Kar. 4703. 4703. In the said decision, this Court had also taken into consideration that even though in the civil proceedings, it would be open to contend that such certificate issued is obtained by suppression of fact and is a fabricated document, when a petition under Section 13(3) of the Act is filed, the procedure as contemplated therein is required to be followed and the affected parties should also be provided an opportunity and thereafter, a consideration is required to be made. 5. If in that light, the petition as filed by respondent 2 in C. Misc. No. 56 of 2012 is taken into consideration, at the outset, it is seen that, only the Competent Authority has been made respondent thereto. Though the averment is contained in the petition with regard to the suit in O.S. No. 587 of 2009, pending before the II Additional Civil Judge (Senior Division), Bangalore Rural District and the death certificate being required to be produced in the said suit, the respondent 2 herein did not choose to array any of the parties to the said suit, to the proceedings under Section 13(3) of the Act. This in fact would indicate that the respondent 2 without making the proper and necessary party as a party to the said proceedings has sought for issue of such certificate after recording a particular date as the date of death which would be relevant for the purpose of consideration in the civil suit. If that be the position, the order as passed by the Court below in the absence of necessary parties cannot be sustained, keeping in view the decision in the case of Smt. Muniyamma and Others as referred to supra. Accordingly, the order dated 2-7-2012 passed in C. Misc. No. 56 of 2012 is set aside and the petition is restored to the file of the Chief Judicial Magistrate, Bangalore Rural District with a direction to the respondent 2 herein to implead the petitioners herein and the other parties to the suit as the additional respondents to the said proceedings. The Court below is directed to ensure the impleadment as directed herein and issue notice to the impleaded respondents and thereafter consider the matter on its merits. The petition is accordingly disposed of. All contentions in that regard are left open.