Law: Specific Relief Act, 1877

Section: 42

Law: Limitation Act, 1908

Section: 120

(a) Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Correction of date of birth---Scope---Plaintiff filed suit for correction of her date of birth in her matriculation certificate---Trial Court and appellate court concurrently decreed the suit---Validity---Plaintiff had produced her school leaving certificate, salary slip/service record, copy of Computerized National Identity Card, copy of Family Registration Certificate and copy of Birth Registration certificate---Said documents were corroborated by four reliable witnesses in their statements recorded by Trial Court, whereas defendants failed to produce a single oral or documentary evidence in the Trial Court to rebut/ controvert the averments of plaint except the statement of their representative---Concurrent findings rendered by appellate court and Trial Court, being unexceptional, were not interfered by Chief Court through its revisional jurisdiction---Revision petition was dismissed. (b) Limitation Act (IX of 1908)--- ----Art. 120---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Limitation---Period of limitation for filing of suit for declaration is regulated by Art. 120, Limitation Act, 1908, which prescribes six years period commencing from the time when the right to sue accrues. PLD 1988 Lah. 658 ref. THIS JUDGMENT DELIVERED BY: ALI BAIG, J.--- Through this civil revision petition, the petitioners have called in question the judgment/ decree dated 24.04.2018 passed by the learned Additional District Judge Gilgit whereby the learned 1st Appellate Court has dismissed the Civil First Appeal of the present petitioners/ defendants by upholding the judgment/ decree dated 02.11.2017 passed by the learned Civil Judge 1st Class Danyore Gilgit. 2. Briefly facts necessary for disposal of this Civil Revision petition are that the respondent/plaintiff namely Suriya Bano daughter of Abdullah Baig resident of Danyore Gilgit instituted a suit for declaration against the present petitioners/defendants in the trial court claiming that as per School, record, CNIC and service book the true date of birth of the plaintiff/respondent is 05-02-1976 but the petitioners/ defendants have…

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