Need senior legal opinion - DOB suite
I have filed a civil suit for correction of my date of birth in my J&K Board 10th and 12th records. The Board has filed its written statement raising the following objections: The suit is barred by limitation under Article 58 of the Limitation Act because it has been filed after about 19 years. The school is a necessary party under Order I Rule 9 CPC. I signed the admission form and registration form mentioning the existing DOB during the time when i was in 10th. I used the Board certificates for many years. They argue that my later Municipal Birth Certificate and Medical Board opinion cannot override the educational records and that my suit lacks bona fides. My side: I have evidence of my father's prolonged illness and family hardship to explain the delay. The school has informed me that its old records were lost in the floods. I also possess a birth-related certificate from the private clinic where I was born in Bihar in 1995, which has not yet been filed before the court. but i have j&k municipal corporations birth certificate with 1995 as dob ...supported by AGE CERTIFICATE issued by medical board govt department signed by CMO. I need guidance on these questions: How strong is the Board's limitation objection under Article 58 in a DOB correction suit? Can prolonged family hardship and supporting evidence be a sufficient explanation for the delay? Is the school truly a necessary party under Order I Rule 9 CPC in such a case? How much evidentiary value can a contemporaneous birth certificate from a private clinic carry if the doctor has since passed away and the clinic has closed? Is it advisable to move an application to place that birth document on record at this stage? What would be the best legal strategy to counter the Board's reliance on the admission form and registration records? Does the fact that correction of DOB will also help my employment prospects, by itself, affect the maintainability or merits of my case? Based on these facts, should I continue with my present counsel or seek a second opinion from a senior civil lawyer before the next hearing?
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