Case Details

Citation(s)
2011 SLG 685 2011 SLD 685 2011 CLC 973
Peshawar High Court
Civil Revision No.1343 of 2010, decision dated: 1st February, 2011
SHAH, JEHAN KHAN YOUSAFZAI, J

Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395

CHAIRMAN BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, PESHAWAR

VS

KIRAN AZEEM and others

Law:

Section:

Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Correction of date of birth---Suit for declaration and perpetual injunction and correction of date of birth---Plaintiff sought declaration that her date of birth as recorded in record of Board of Intermediate and Secondary Education as 18-2-1981 was wrong, which in fact was 18-2-1984---Plaintiff had also prayed for perpetual injunction against the defendants---Suit had concurrently been decreed by the Trial Court and Appellate Court---Validity---Admission form was filed and submitted by the plaintiff under her signature and said entry had been challenged by the plaintiff belatedly for which no explanation had been offered---School leaving certificate also revealed that the date of birth of the plaintiff was 18-2-1981---Birth certificate relied upon by the plaintiff and accepted in the impugned of two courts below was not confidence inspiring---Concurrent findings of the two courts below were based on misreading and non-reading of evidence open to interference by High Court in its revisional powers---Date of birth recorded in the school where the plaintiff was studying and record of Board of Intermediate and Secondary Education, prevailed upon the birth certificate relied upon by the plaintiff---Impugned s and decrees of the two courts below were set aside and suit of the plaintiff was dismissed with costs. 1999 CLC 1166 and 2008 SCMR 713 ref. Ms. Shakeela Begum for Petitioner. Hizar Hayat for Respondent No.1 on pre-admission notice. ORDER SHAH JEHAN KHAN YOUSAFZAI, J.--- The Chairman, Board of Intermediate and Secondary Education, Peshawar is aggrieved from the judgment and decree of Civil Judge-IV, Nowshera dated 11-2-2010 which was also upheld in appeal by the Additional District Judge-I, Nowshera vide judgment and decree dated 22-4-2010, has filed the instant Revision Petition. 2. Respondent No.1 filed a suit for declaration that the date of birth recorded in the record of petitioner and respondents Nos.2 and 3 as 18-2-1981 is wrong and in fact her date of birth is 18-2-1984. She also prayed for perpetual injunction against the defendants. The said suit was contested by the petitioner/Board and the…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492