Law: Specific Relief Act, 1877

Section: 42

Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Correction of date of birth---Evidentiary value of academic credentials---Burden of proof---Scope filed suit for correction of date of birth mentioned in her Computerized National Identity Card (CNIC)---Trial Court and Appellate Court concurrently dismissed the suit---Validity---Date of birth of petitioner had been recorded in the matriculation certificate as 01-05-1994, but it was recorded in the CNIC as 01-05-1984---Academic credentials had strong presumption of truth specially when they were not properly rebutted---Burden in the case was on the respondents to rebut the contents of matriculation certificate through reliable documents but they had failed to controvert the same---Revision petition was allowed, impugned s were set aside and the suit was decreed as prayed for. 2020 YLR 2266 ref. Fida Hussain v. Director NADRA and others 2008 SCMR 713 rel. JUDGMENT RAJA SHAKEEL AHMED, JUSTICE:---.--- Through this revision petition, the petitioner, impugns the order of dated 21.10.2020, passed by the Court of learned District Judge Ghanche, where the petitioner’s appeal against the Judgment of Learned Senior Civil Judge Khaplu, dated 23.09.2019 was dismissed vide the said judgment Learned Civil Judge had dismissed the suit of plaintiff/ petitioner filed against the respondents/ defendants for declaration to the effect that her actual date of birth as per matriculation certificate is 01.05.1994, which has been wrongly recorded as 01.05.1984 in her CNIC, which is against the fact and is liable to be corrected. 2. Defendants contested the suit by filing their joint para wise written statement containing several preliminary legal objections inter alia that the suit of the plaintiff is barred by law of limitation and that law of estoppel attracts in the case as such the plaint of plaintiff is liable to be rejected under Order VII, Rule 11 of Code of Civil Procedure. On facts they pleaded that the plaintiff had initially applied for issuance of CNIC in year 2004, wherein, her date of birth was mentioned as 01-05-1984 which is in her use since then. 3. In the light of the pleadings of the parties the…

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