Case Details

Citation(s)
2011 SLG 589 2011 SLD 589 2011 CLC 511
Sindh High Court
Revision Application No. 112 of 2010, decision dated: 23rd December, 2010
TUFAIL H. EBRAHIM, J

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Mrs. FARIDA HANIF--Applicant

VS

FEDERATION OF PAKISTAN through Secretary Ministry of Interior Affairs, Islamabad and another

Law:

Section:

Specific Relief Act (I of 1877)-------S. 54---Civil Procedure Code (V of 1908), S.115---Date of birth---Correction---Plaintiff sought correction of her date of birth in her Computerized National Identity Card---Validity---Both the courts below failed to appreciate the fact that passport of plaintiff had been renewed by competent authorities on more than three occasions and concerned issuing authority did not raise any objection regarding her date of birth---Date of birth of plaintiff appearing in passports issued by Government of Pakistan as well as by Government of Great Britain were not managed, forged and fabricated or plaintiff did not file the suit for any mala fide or ulterior reasons---Plaintiff was neither claiming any right in service nor having any other interest of whatsoever nature in seeking correction of date of birth which would not adversely affect any right of any other person or be burden upon exchequer in any manner---Plaintiff was citizen of Pakistan and had a right to obtain computer readable Pakistani passport and was, therefore, entitled to rectify the mistake as to her date of birth appearing in her Computerized National Identity Card from 11-2-1954 to 1-1-1946---High Court in exercise of revisional jurisdiction set aside concurrent s and decrees passed by two courts below and directed the authorities to rectify the mistake as to date of birth appearing on Computerized National Identity Card---Revision was allowed in circumstances. Tasawur Ali Hashmi for Applicant. Mujahid Khan, Law Officer for Respondent No. 2. NADRA is present. ORDER TUFAIL H. EBRAHIM, J.---Being aggrieved and dissatisfied with the Judgment dated 10-4-2010 passed by the Additional and District Judge Karachi East in Civil Appeal No.48 of 2010 against the Judgment and .Decree passed by II Senior Civil Judge Karachi East in Suit No.976 of 2009, this Civil Revision application has been preferred. Brief facts as per the record are that the applicant has been on various dates issued Pakistani Passports No. AG 357351 issued on 16th May, 1978, No. D 069775 issued on 9th December, 1987, H 859769 issued on 15th May, 1992, No. E 321489 issued on 23rd September, 1997, No. KB…
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