Case Details

Citation(s)
2000 SLG 659 2000 SLD 659 2000 PLC 19
Lahore High Court
Civil Revision No.495 of 1999, decision dated: 19-04-1999.
M. JAVED BUTTAR, J

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ABDUL GHAFOOR SHAHEEN

VS

BOARD OF INTERMEDIATE AND SECONDARY EDUCATION and others

Law:

Section:

Specific Relief Act (I of 1877)-------S.42---Petitioner claimed that his date of birth as recorded in his Service Record and on educational certificates/degrees be declared as incorrect and correct date of birth in all the relevant record be incorporated ---Validity--­Petitioner had not brought on record any evidence to show that entries in the Matriculation Certificate and Service Record were incorrect---Petitioner had, thus, failed to prove that long standing entries of his date of birth were incorrect. Shahid Hussain Kadri for Petitioner. ORDER This revision petition is directed against the judgment and decree, dated 27-1-1999 passed by the Additional District Judge, Lahore whereby the appeal of respondents Board of Intermediate and Secondary Education and the Government of Punjab/appellants against the judgment and decree, dated 20-6-1993 passed by the Civil Judge, Lahore has been accepted and the judgment and decree of the trial Court has been set aside. 2. The brief facts are that the petitioner Abdul Ghafoor Shaheen/plaintiff brought a suit for declaration claiming therein that his date of birth as recorded in his service record and on the educational certificates/degrees as 21-8-1935 has been incorrectly entered and his correct date of birth is 21-8-1938. He also prayed for a mandatory injunction against the respondents/defendants for incorporation of his correct date of birth in all the relevant record. The suit was contested by the respondents. After framing the necessary issues and after recording of evidence, the trial Court decreed the petitioner's suit on 20-6-1993. The respondent's appeal was accepted and the suit was dismissed. The said judgment was assailed by the petitioner in revision before this Court, which was accepted and the case was remanded to the Appellate Court for fresh decision. The appellate Court once again vide judgment and decree, dated 13-7-1995 accepted the respondent's appeal and dismissed the suit. The petitioner again came to this Court in Civil Revision' No.1511 of 1995 and the case was again remanded to the appellate Court on 13-12-1998 for fresh decision of the appeal. The appellate Court through the impugned judgment…
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