Law: Specific Relief Act, 1877

Section: 42

Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Correction of date of birth in educational testimonials---Scope---Contention of plaintiff was that his date of birth was 10-01-1986 instead of 10-09-1992---Suit was dismissed concurrently--- Validity--- Plaintiff through oral and documentary evidence had proved that his actual date of birth was 10-01-1986 and not 10-09-1992---Documents produced by the plaintiff were official record and their authenticity could not be doubted---Findings recorded by the Trial Court were based on presumptions---Appellate Court without formulating points for determination had relied upon the stance of defendants and had not considered the impact of oral and documentary evidence of plaintiff---Both the Courts below had failed to exercise jurisdiction vested in them---Findings recorded by the Courts below were result of mis-reading and non-reading of evidence---Impugned s and decrees passed by the Courts below were set aside and suit was decreed---Revision was allowed in circumstances. THIS JUDGMENT DELIVERED BY: MUHAMMAD ALI, J.--- This civil revision is directed against judgments and decrees passed by the appellate Court and the trial Court whereby the appeal as well as the suit filed by the petitioner were dismissed. 2. The facts necessary for decision of this revision are that a suit for declaration seeking correction of date of birth from 10.09.1992 to 10.01.1986 was filed by the petitioner. It was stated in the plaint that the petitioner got his primary education from Elementary School District Jhang where correct date of birth of the petitioner is mentioned as 10.01.1986. The petitioner passed his matriculation and FA examination from Board of Intermediate and Secondary Education, Faisalabad and got Bachelor degree from University of Punjab. The actual date. of birth. the petitioner is reflected in the degrees issued from concerned Boards and University. Similarly, in the domicile certificate of the petitioner his original date of birth is written. The Identity Card issued to the petitioner in the year 2008 also bears his correct date of birth. On renewal of Identity Card in 2012 inadvertently the date of…

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