117-NLR-NLR-V-45-PERERA-Appellant-and-PERERA-et-al.-Respondents.pdf
MOSELEY J.—Perera and Perera.
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4944Present: Moseley S.P.J. and Wijeyewardene J.PBEEEA, Appellant, and PEEEEA et al.., Respondents.41—D.C. Colombo, No. 93/X.
Registration ofBirth—Rectification of entry—Births and Deaths Registration
Ordinance, s. 20.
A person may apply under section 20 of the Births and DeathsRegistration Ordinance to have his birth register rectified by the entryof his name, in a case where his birth has been registered withouta name.
In re de Silva (41 N. L. R. 440) followed.
^^PPEAL from an order of the District Judge of Colombo.
No appearance for the appellant.
R. R. Grosette-Thambiah, G.C., for the Attorney-General on notice.
Gur. adv. vult.
May 22, 1944. Moseley J.—
The petitioner applied to the District Court, Colombo, under section 20of the Births and Deaths Registration Ordinance to rectify the entryin the petitioner’s Certificate of Birth by deleting the words “ not namedyet ” and by substituting therefor the words “ Pandigamage PiyasenaPerera ”. The evidence is that at the date of registration the petitionerhad not been given him name. Subsequently he was called Piyasena andhe and his father say that they wish the name above mentioned to beinserted in the certificate.
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MOSELEY J.—Perera and Perera.
The learned District Judge appears at the outset to have directed hismind tp section 19 of the Ordinance which confers upon the Registrar-General and his officers powers to rectify an entry in the case of a childwho has not been named at the date of registration of birth. In view ofthis " special jurisdiction ”, as he termed it, he held that the petitioner,by applying to the District Court, had invoked the aid of the wrongauthority. It will, however, be noticed that section 19 permits theRegistrar-General to take the steps therein provided on the applicationof the parent or guardian of the child. Neither parent nor guardian isthe applicant in this case, and it seems to me that the application,,/wasproperly made to the District Court under section 20.
Only one other point arises. The entry “ not named yet ” was correctat the time at which it was made. Can it then be “ rectified ”? Thispoint was fully dealt with in In re de Silva1 by Soertsz J. who held thatrectification of an entry may be made where it is shown that the entryis wrong in relation to the facts existing at the date of the application.With that view I respectfully agree.
I would, therefore, allow the appeal and direct the District Judge,in compliance with the provisions of section 20, to direct the Registrar-General and the Registrar who made the entry to rectify the entry asprayed in the petition.
Wijeyewakdene J.—I agree.
Ay-peal allowed.
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1 41 N. L. R. 440.