Law: Specific Relief Act, 1877

Section: 42

(a) Specific Relief Act (I of 1877)--- ----S.42---Correction of date of birth---Burden of proof---Applicant filed suit for declaration and mandatory injunction against the respondents for the correction of his date of birth---Trial Court dismissed the suit and appeal thereagainst was also dismissed by the Appellate Court---Held, that as to the burden of proof in respect of issue laid upon the applicant and he in support of his version examined himself and his brother---Applicant deposed that his actual date of birth was 13.09.1996---Applicant applied for issuance of CNIC mentioning his date of birth as 13.09.1996 but NADRA authorities mentioned it incorrectly in CNIC as 01.01.1989 instead of 13.09.1996---Applicant further deposed that against such a mistake in his CNIC, he approached NADRA but they refused and asked to bring a Court decree, therefore, applicant filed present suit---During cross examination, applicant admitted that he knew that CNIC was issued at the age of 18 years---Applicant also admitted that if his date of birth was counted from 1996 then till 2010, when he applied for CNIC, his age was 14 years---Applicant also admitted that his educational documents had been issued seven years later after the issuance of his CNIC---In support of his contention, applicant also examined his brother, who deposed that the actual date of birth of the applicant was 13.09.1996---Respondents examined Assistant Superintendent, NADRA Office, who deposed that in the year 2010 applicant applied for obtaining his CNIC and submitted a CNIC form showing his date of birth as 01.01.1989 and not 13.09.1996 and on the information provided by the applicant, NADRA authorities issued CNIC to the applicant---In his deposition, said witness also clarified that if the date of birth of the applicant was considered as 13.09.1996, the age of the applicant was just 14 years when he applied for CNIC, which was against the registration policy---In cross-examination the material substance in respect of the date of birth of the applicant could not be shattered---Applicant himself failed to get his date of birth corrected by filling up the required form timely when he originally applied…

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