| Citation(s) |
|---|
| 2016 SLG 2932 2016 SLD 2932 2016 YLR 2435 |
Lahore High Court
Civil Revision No. 3691 of 2011, heard on 19th January, 2016.
ATIR MAHMOOD, JUSTICE
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Civil Revision No. 3691 of 2011, heard on 19th January, 2016.
ATIR MAHMOOD, JUSTICE
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CHAIRMAN, BOARD OF INTERMEDIATE AND SECONDARY EDUCATION AND 2 others
VS
MUHAMMAD UMAIR
Law:
Section:
(a) Specific Relief Act (I of 1877)---.--- ---.---S. 42---.---Punjab Boards of Intermediate and Secondary Education Act (XIII of 1976), Ss. 29 & 31---.---Suit for declaration---.---Date of birth, correction of---.---Malice---.---Scope---.---Contention of plaintiff was that his correct date of birth was 14-11-1993 and not 07-11-1991---.---Suit was decreed concurrently---.---Validity---.---Malice on the part of defendants (Board of Secondary Education) had been asserted in the plaint---.---Plaintiff was not under any obligation to specify any person of the Education Board with an allegation of any enmity rather it was ridiculous to presume that there would be any enmity or personal grudge of the officials of Education Board against a student---.---Non-performance of duties in accordance with rules, regulations and principle of natural justice would amount to mala fide on the part of Board officials---.--W.here rights of any one were infringed then civil court had ample jurisdiction to adjudicate upon the matter--Plaintiff had proved his case through cogent evidence---.---Actual date of birth of plaintiff was 14-11-1993---.---Revision was dismissed in circumstances. (b) Civil Procedure Code (V of 1908)---.--- ---.---S. 9---.---Plenary jurisdiction of civil court---.---Scope---.---Civil courts were courts of plenary jurisdiction. (c) Words and phrases---.--- ---.---'Mala fide'---.---Meaning. Black's Law Dictionary Ninth Edn. rel. (d) Words and phrases---.--- ---.---'Bad faith'---.---Meaning. Black's Law Dictionary Ninth Edn. rel. THIS THIS JUDGMENT DELIVERED BY: DELIVERED BY: ATIR MAHMOOD, JUSTICE:---.------.--- This civil revision is directed against the judgment and decree dated 23.08.2011 passed by learned Additional District Judge, Lahore who dismissed appeal of the petitioners and upheld the judgment and decree dated 07.02.2011 passed by the learned Civil Judge 1st Class, Lahore whereby suit of the respondent-plaintiff was decreed. 2. Brief facts of the case are that the respondent (The plaintiff) instituted a suit for declaration with consequential relief against the petitioners (The defendants) stating that the correct date of birth of the respondent is…
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