RSA No. 3144 of 2009(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No. 3144 of 2009 (O&M) Date of Decision: November 04, 2009 Dharambir alias Ram Dutt ......Appellant Versus Jai Lal and others ...... Respondents Coram: Hon'ble Mr. Justice Ajay Tewari Present: Mr. Sachin Mittal, Advocate for the appellant. **** Ajay Tewari, J. This appeal has been filed against the concurrent judgments of the Courts below dismissing the suit of the appellants challenging the decree suffered by him and his brother on the ground that he was a minor. Both the courts on fact accepted the version of the respondents that the appellant was a major on the date when the decree was suffered. Both the courts also noticed that the brother who was admittedly major was not impleaded as a party as also the fact that the suit was filed 16 years after the decree. The following questions have been proposed:- a) Whether in case of a dispute with regard to the date of birth of a person,the credence has to be given to the record of the General Hospital or the entry in the school register? b) Whether the impugned judgments and decrees are result of misreading of evidence? c) Whether the rights of minor can be taken away was lightly particularly when the minor has been provided specific RSA No. 3144 of 2009(O&M) 2 protection under the provision of the Section 32 of the Code of Civil Procedure? It would be seen that questions No. (a) and (b) are the main questions and the same are pure questions of fact. Learned counsel has taken me through the findings of both the Courts recorded thereon but has not been able to persuade me that the said findings are either based on no evidence or on such perverse misreading of the evidence so as to be liable for interference under Section 100 CPC. Once questions No. (a) and b) are held against the appellant, question No.(c) does not arise. Consequently this appeal is dismissed. No costs. Since the main appeal has been dismissed, the pending Civil Misc. Applications, if any, stand disposed of. (AJAY TEWARI) JUDGE November 04, 2009 sunita