Code of Civil Procedure, 1908–Sec. 100–Suit for declaration of date of retirement–Trial Court decreed it by treating the date of birth of appellant 14.12.1939–Admitted position that the plaintiff submitted various documents with regard to his date of birth i.e. 14.12.1939–Defendants failed to submit any document with regard to the date of birth of the plaintiff 14.12.1935–Held, Trial Court rightly decreed the suit–However, the First Appellate Court was not justified in directing to decide the question of plaintiff’s date of birth–Judgment passed by the Trial Court deserves to be restored.
