| Citation(s) |
|---|
| 2017 SLG 2418 2017 SLD 2418 2017 YLR 1485 |
Lahore High Court
Civil Revision No. 1955 of 2015, heard on 4-4-2017.
ABDUL REHMAN AURANGZEB, JUSTICE
Mehboob Azhar Sheikh for Petitioner. M. Younas Bhullar for
Respondent.
Civil Revision No. 1955 of 2015, heard on 4-4-2017.
ABDUL REHMAN AURANGZEB, JUSTICE
Mehboob Azhar Sheikh for Petitioner. M. Younas Bhullar for
Respondent.
BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, LAHORE THROUGH SECRETARY
VS
AKBAR ALI
Law:
Section:
Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Limitation---Change of date of birth---Scope--- Rectification of school Certification--- Scope--- Contention of plaintiff was that his date of birth was 06-12-1983 instead of 06-12-1978---Suit was decreed concurrently---Validity---Ossification test was conducted on the instructions of defendant---Result of ossification test was in favour of plaintiff which had not been rebutted by the defendant through documentary evidence---Date of birth of plaintiff was 06-12-1983---Mistake might have occurred in the admission form and same was rectifiable---Suit for which no period of limitation was provided could be filed within a period of six years when right to sue accrued---Civil Court being court of ultimate jurisdiction could look into the illegality committed by any forum---Plaintiff had taken all possible steps for rectification of school certificate---Decisions of courts below were based on reasons---No illegality or irregularity had been pointed out in the impugned s and decrees passed by the courts below---Correction of date of birth did not affect right of any person or policy of Education Board---Revision was dismissed in circumstances. Federal Board of Intermediate and Secondary Education Islamabad through Chairman/Secretary v. Junaid Rehmat 2009 YLR 1296 rel. THIS JUDGMENT DELIVERED BY: ABDUL RAHMAN AURANGZEB, JUSTICE:---.--- Through this civil revision, the petitioner has challenged the judgment and decree dated 19.03.2015 passed by learned Addl: District Judge, whereby appeal filed by the petitioner-appellant was dismissed and judgment and decree dated 14.03.2014 passed by learned trial Court was upheld, whereby the suit for declaration with consequential relief filed by the respondent-plaintiff was decreed. 2. Succinctly, the terse facts giving rise to this civil revision are that the respondent appeared in the Secondary School Autumn Examination 1997 under Roll No. 22549 as a private candidate and got through the said examination. It is pleaded by the respondent that his date of birth in the admission form of secondary school examination was fallaciously written as 06.12.1978, the wrong…
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