Law: Civil Procedure Code (V of 1908)

Section: 100

(On appeal from the judgment and order of the High Court of West Pakistan, Karachi, dated the 25th November 1968, in Civil II Appeal No. 254 of 1968).   Civil Procedure Code (V of 1908), ----- -----S. 100-Second appeal Concurrent finding of fact, as regards age, by Courts below High Court, held, rightly declined to interfere with such finding in second appeal. Date of hearing : 9th January 1970. ORDER MUHAMMAD YAQUB ALI, J.-This petition for special leave to appeal is concluded by concurrent findings of fact recorded by the Courts below that the correct date of birth of the respondent was 25th of May 1916 and not the 25th May 1905 as entered in his service book. On that finding the retirement of the petitioner with effect from 24th May 1965 from the post of salt inspector in the industries Department of the Government of west Pakistan was wrongful him from service was illegal and void was therefore rightly decreed. In seeking leave to appeal from the order of the High Court affirming the judgment and decree passed by the District Judge on appeal, Mr. Wahid Farooqi contended that no proper finding was recorded by the trial Court on the issue of the age of the respondent. He meant that the finding was based on the opinion of the Doctors which was not conclusive of the issue. There is little substance in the plea raised. One of the doctors who…