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)
s
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