Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 42---Limitation Act (IX of 1908), Art.120---Suit for declaration seeking change in name of plaintiff was dismissed as being not maintainable under S. 42 of the Specific Relief Act, 1877---Validity---Parties were bound to come to courts with clean hands and according to law; plaintiff had failed to bring his case within the ambit of S. 42 of the Specific Relief Act, 1877 as well as within Art. 120 of the Limitation Act, 1908---Plaintiff changed his name without any cogent reason and without applying his mind as to whether the law permitted him to change his name on his own accord and wish---Plaintiff used his influence to get his name changed in primary school without adopting proper procedure for the same---Plaintiff filed present suit without any cause of action and his suit was rightly dismissed by courts below---Appeal was dismissed, in circumstances. Rafiq Akhtar Chaudhry v. Azad Jammu and Khasmir Government 1982 SC (AJ&K) 124 distinguished. Muhammad Hamdan Sheikh v. The Chairman, Board of Secondary Education, Nazimabad, Karachi and 2 others C.P.L.A. No.464-K of 1997 rel. ORDER HABIB-UR-RAHMAN SHAIKH, J.---Appellant Muhammad Kamran Behan son of Haji Rehmatullah Behan through this IInd Appeal has called in question judgment and decree dated 12-11-2011, passed by learned IVth Addl. District Judge, Karachi (Central) in Civil Appeal No.96 of 2011 and judgment and decree dated 22-4-2011, passed by learned Ist Senior Civil Judge, Karachi (Central) in Family Civil Suit No.832 of 2010, (hereinafter referred to as "the impugned judgments and decrees"), whereby the civil suit so also the Civil Appeal filed by appellant before both the Courts below were dismissed. Both the Courts below categorically opined in their judgments that the suit filed by the appellant/plaintiff was barred by section 42 of the Specific Relief Act, 1877 as in the suit the appellant/plaintiff himself admitted in paragraphs 3 and 4 of his Plaint, as under:-- "3. That plaintiff after getting primary education in the interior of Sind, joined N.J.V. High School, Karachi and passed his matriculation examination held in the month of March, 1982 as regular…

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