• Change of date of birth in passport

I have taken a passport during 1986.
In my passport date of birth is mentioned as 20-01-1964 instead of 20-05-1964.
All my certificate,PAN card,driving licence voters I'd,bank datas,income tax assessment shows date of birth as 20-05-1964 only.
During 2010 I  have applied for a passport after the expiry of the old passport and got rejected saying date of birth is not matching with the old passport.
I have filed a declaration suit in the city civil court chennai by 2014 and court says I have to approach only the corporation court and civil court has not having the power it seems.
Require advice and correct remedy
Ammeen
9500475553
Asked 8 months ago in Civil Law from Coimbatore, Tamil Nadu
This is a case of rectification of error, so the civil court can try it, but you ought to have moved the High Court which is the more efficacious and speedy remedy. Unless the entire suit filed by you is perused threadbare it is not possible to state whether the necessary ingredients, giving rise to cause of action before the civil court, have been set out therein.
Ashish Davessar
Advocate, Jaipur
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490 Consultations
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1) kindly reproduce order passed by city civil court in chennai 

2) division bench of kerala HC  reversed the ruling of a single bench ruling, which held that no court order was required to correct a mistake in date of birth (DOB) on passport, despite such a stipulation in the passport manual.

3) The single bench had declared as void and inoperative a clause in passport manual (Paragraph 5 (C) of chapter 8 of Passport Manual, 2010) that restricted the passport issuing authority (PIA) from correcting mistake in DOB without a court order if the difference was more than two years and if the original documents were not available. It was pointed out by the single bench that if correction was liable to be effected on genuine reasons, necessarily it applies in all circumstances, irrespective of whether the difference was beyond two years or less.
Questioning the decision before the division bench, assistant solicitor general N Nagaresh submitted that in cases where previous files have been destroyed, PIA could exercise discretion only with a court order if the difference in DOB was not more than two years.
Setting aside the single bench ruling, the division bench said nothing prevents applicants from approaching the civil court and getting a declaration of their legal status regarding date of birth.
The division bench further said the PIA did not have the advantage of verifying whether it is a clerical or technical error as these were cases where original records were unavailable. In cases where records were available, the passport manual, through clause A and B, permits the PIA to make corrections after perusing the documents, the court pointed out.
Ajay Sethi
Advocate, Mumbai
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If the civil court has returned your suit for declaration for declaring your date of birth for the assigned reason, you may file the same before the Corporation court as advised.  
Since the registration of births and deaths are governed by rules which are entrusted to the local civic body, i.e., the Corporation, you may have to approach the corporation court by impleading the Commissioner of the corporation as respondent. 
T Kalaiselvan
Advocate, Vellore
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154 Consultations
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