Declaratory suit regarding date of birth correction
Ajay Kumar
(Querist) 23 March 2014
This query is : Resolved
Respected Sir / Madam,
Let me know whether the jurisdiction of a civil court is basing on the residence of plaintiff or defendant (where the regional passport office is situated)to file a declaratory suit regarding date of birth correction in a passport?
Advocate M.Bhadra
(Expert) 23 March 2014
No need to file a declaration Suit in Civil Court.Please read the following link:port.www.passport.gov.in
"Please return the passport by post, with a request in writing for correction of the wrong date of birth entered.
After verifying the relevant records and ascertaining that there had been an error on our part, a fresh booklet will be issued.
The approximate time taken is 3-4 working days. If it is found that the error is not attributable to us, you will have to apply
afresh for a change in date of birth, with the relevant supporting documents."
"When the DOB is wrongly entered in the passport due to a clerical error, it can be corrected by us, but the requirement
in such cases is that it should be possible to ascertain from the files of the concerned Passport Office that it was indeed
due to a clerical error.
You need to produce two different (unconnected) documents in support of the date of birth you claim as correct.:
They could be: [i] Birth Certificate [ii] School Certificate."
Kuummaar AS
(Expert) 23 March 2014
Please clarify whether Date of birth correction is required otherwise or correction is due to wrong date of birth entered by Passport Authorities.
Nadeem Qureshi
(Expert) 23 March 2014
Mr. kumar raise valid question for reply of your query properly.
malipeddi jaggarao
(Expert) 24 March 2014
I agree with Expert Mr.Kumar. What you need exactly?
Rajendra K Goyal
(Expert) 24 March 2014
Agree with the advise of expert Advocate M.Bhadra ji.
Ajay Kumar
(Querist) 24 March 2014
Kumar A S sir, "correction is due to wrong date of birth entered by Passport Authorities."
according to sec 19 of cpc, we have to file the suit in the court where regional passport office is situated. but we are searching that there is any other option to file the above suit in the court where the plaintiff is residing??
Kuummaar AS
(Expert) 24 March 2014
Dear Ajay Kumar,
Your query is funny. How SECTION 19 OF CPC, WHICH IS QUOTED BELOW, APPLIES IN YOUR CASE FOR filing a declaratory suit regarding date of birth correction in your passport:
19. Suits for compensation for wrongs to person or movables.
Where a suit is for compensation for wrong done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction of one Court and the defendant resides, or carries on business, or personally works for gain, within the local limits of the jurisdiction of another Court, the suit may be instituted at the option of the plaintiff in either of the said Courts.
Illustrations
(a) A, residing in Delhi, beats B in Calcutta. B may sue A either in Calcutta or in Delhi.
(b) A, residing in Delhi, publishes in Calcutta statements defamatory of B. B may sue A either in Calcutta or in Delhi.
Ajay Kumar
(Querist) 25 March 2014
Kumar A S, sir let me know under which provision we can approach our local court for declaratory suit (on above said matter).
Kuummaar AS
(Expert) 25 March 2014
You are interested in filing declaratory suit in a court or interested in getting corrected date of birth in your passport.
T. Kalaiselvan, Advocate 
(Expert) 25 March 2014
You do not worry about the provision of law to file a declaratory suit, your advocate will take care of the same.Contact one and proceed as per his advise.
Ajay Kumar
(Querist) 26 March 2014
Kumar A S, sir i am interested in filing a declaratory suit. can you tell me under what provision i can file it?
Kuummaar AS
(Expert) 26 March 2014
WHAT WILL BE YOUR PRAYER IN THE DECLARATORY SUIT?
