Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. VII, R. 2---Suit for recovery of amount---Contributory negligence, principle of---Applicability---Concurrent findings of fact by the Courts below---Recovery suit---Authorities had entered wrong date of birth of the plaintiff in their record---Due to such error in the record, the plaintiff had been working even after his date of retirement---Authorities recovered the amount of salary paid to the plaintiff after the period of his retirement---Suit for recovery of the amount was filed against the Authorities---Suit was decreed by the Trial Court and appeal against the and decree was dismissed by the Appellate Court ---Validity--­Authorities having not terminated the plaintiff according to the date of birth, those were also liable for contributory negligence qua the action taken by them against the plaintiff subsequently- --Both the Courts below had given concurrent finding of fact against the Authorities---High Court declined to interfere with the s and decrees passed by both the Courts below in circumstances. Mehr Khan v. Executive Engineer 1998 SCMR 613 distinguished. Jalal-ud-Din's case PLD 1992 SC 207; Ahmad Latif's case PLD 1994 Lah. 3 and Pakistan through the Secretary, Ministry of Finance v. Muhammad Himayat Ullah Farukhi PLD 1969 SC 407 ref. (b) Administration of justice---- ----Nobody should be penalized by inaction of public functionary. Chairman, B.I.S.E. v. Suleman Mansoor Ahmad 1981 SCMR 481 ref. (c) Civil Procedure Code (V of 1908)--- ----S. 115---Revision---Scope---Concurrent findings of fact---High Court has very limited jurisdiction while exercising its powers under S.115, C.P.C. to set aside the concurrent findings of facts unless and until the same are the result of misreading and non-reading of record. Tahir Munir Malik for Petitioner. ORDER Brief facts out of which present revision petition arises are that the respondent was appointed by the petitioner as Sanitary Worker on 1-9-1970. The date of birth of the respondent was not available in the record of the petitioner, therefore, date of birth of the respondent was assessed by the petitioner subsequently as 28-8-1972 and the respondent has to…

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