Tuesday 2 February 2016

CHANGE OF DATE OF BIRTH (SUIT DISMISSED/APPEAL DISMISSED) USING FOR LAST 20 YEARS



IN THE COURT OF KHAN, ADDL. DISTRICT JUDGE,      (Name Of The City).


Shafique          VS          Chairman NADRA 

               Civil Appeal No.      00  – 00 of 0000
              Date of Institution:     01-11-0000
              Date of Decision.     25-09-0000
JUDGMENT

                   This civil appeal has been filed against the judgment and decree dated 04-10-0000 passed by Mr. Abbas, learned Civil Judge, (city) whereby he has dismissed the suit for declaration filed by the appellant.
2.                 In brief, appellant/plaintiff has filed a suit for declaration against the respondent department that date of birth of the appellant/plaintiff according to school certificate is 06-03-1952 whereas while issuing the identity card by NADRA, the date of birth of the appellant/plaintiff has been mentioned as 1955. The appellant/plaintiff approached the defendant/department several times but could not get his grievance redressed. The defendant appeared through his representative and submitted his written statement disclosing that as per information furnished by the appellant/plaintiff, the I.D. Card was issued to the appellant. This appeal has no legal force and the same is liable to be rejected.  The learned trial court after recording evidence and hearing the arguments, dismissed the suit. Feeling aggrieved by that very judgment and decree, the instant appeal has been filed.
3.                The learned counsel for the appellant has contended that the correct date of birth of the appellant/plaintiff according to school certificate and birth certificate is 06-3-1952 but the defendant/department has mentioned the same as 1955; that the learned trial court while passing the impugned judgment has not applied its judicial mind; that the order of learned trial court is against the law and facts which is liable to be set aside.
4.                On the other hand, the defendant/respondent has appeared through his representative and prayed for its dismissal.
5.                Arguments have been heard and record has been perused.
6.                The main claim and contention of the appellant/plaintiff is that his date of birth is 06-03-1952 according to School Leaving Certificate but NADRA authority has mentioned his date of birth as 1955 in his National Identity Card but this contention has not supported with cogent and solid evidence. The School Leaving Certificate Ex.PA contains date of leaving the school is 14-7-1971 and issuance date is 28-9-2011 then this certificate must have been proved by summoning issuing authority Senior Headmaster, Govt. High School,. Said certificate is not original rather it is duplicate copy then it also requires strong evidence. PW-2 has tried to corroborate the statement of plaintiff (PW-1) by deposing that actual date of birth of the plaintiff is 06-03-1952 but said PW has not narrated that how did he know about date of birth of the plaintiff. Either the family member of the plaintiff should have been appeared in the court or birth certificate should be brought on the surface of the file as evidence. During the evidence, the plaintiff has admitted that he is using his I.D.Card with same date of birth for the last 20 years. He further admitted that he does not have the certificate of birth of Health Department. The plaintiff/appellant has failed to materialize his contention of proving his contention through cogent, concrete and credible evidence. The learned trial court has rightly passed the order which needs not interference.
7.                In view of above discussion, this appeal has no legal merit, resultently the same stands rejected. Copy of this judgment be sent to the learned trial court along with record of trial court. File be consigned to record room. 


                                                                                        ( KHAN)
Announced.                      Addl. District Judge,
25-00-0000(Date)                                                             (City)
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