Chairman BISE Peshawar vs Muhammad jaarullah

JUDGMENT SHEET

PESHAWAR HIGH COURT D.I.KHAN BENCH

JUDICIAL DEPARTMENT

C.R No. 122-D of 2015

Date of hearing ___03/07/2015____________________ Appellant / petitioner (Chairman BISE Peshawar etc) by Pir Amjad Ali Shah advocate Respondent Muhammad Jaarullah

MUHAMMAD GHAZANFER KHAN J.- This

revision petition is directed against the judgments and orders dated 27/3/2015 and 7/5/2013 passed by the learned District Judge D.I.Khan and learned Civil Judge- III D.I.Khan respectively, whereby declaratory suit of Muhammad Jaarullah, plaintiff/respondent, for correction of date of birth was concurrently decreed.

2.Brief resume of the case is that Muhammad Jaarullah, plaintiff/respondent, filed a suit against the Principal, Government High School No.4 D.I.Khan, Chairman, Secretary and Controller, Board of Intermediate and Secondary Education Peshawar, for declaration to the effect that according to Identity Card and admission register of the School, his actual date of

birth is 10-6-1957, but it has wrongly been entered in his educational testimonials as 10-6-1955 which is thus liable to correction. The suit was hotly contested by the defendants by filing written statement and divergent pleadings of the parties gave birth to the framing of four issues including the relief. Thereafter, the parties produced such evidence which they wished to adduce and the learned trial Judge on evaluating the evidence brought on record and considering the arguments of learned counsels for the parties addressed at the bar decreed suit of the plaintiff as prayed for in the plaint, whereagainst appeal of the defendants could not succeed vide judgments and decrees mentioned above, hence the instant revision petition against the concurrent findings of the courts below.

3.I have carefully scanned the record annexed with this petition and anxiously considered the valuable arguments of the learned counsel representing the petitioners.

4.The bone of contention between the parties is regarding actual date of birth of the plaintiff/respondent, according to whom his actual date of birth is 10-6-1957 which has incorrectly been

entered in his educational certificates as 10-6-1955. In support of his stance, the plaintiff has produced and examined Muhammad Zulqarnain, SST, GHSS No.4 D.I.Khan as PW-2 before the trial Court who has produced the relevant admission and discharge register pertaining to the years 1964 to 1969, which shows that actual date of birth of the plaintiff is 10-6-1957.

Similarly, the record of NADRA produced by PW-3 as Ex.PW.3/1 indicates that correct date of birth of the plaintiff/respondent is 10-6-1957.

5.On the other hand, the petitioners/defendants has failed to rebut the stance of the plaintiff/respondent through any documentary and cogent evidence and had not cross-examined any of the witnesses produced by him. According to Article 133 of Qanoon-e-Shahadat Order 1984, if a witness is not cross-examined on certain facts, then his statement attains finality.

6.Learned counsel for the petitioners failed to point out any irregularity, illegality, mis-reading, non- reading of evidence or jurisdictional defect in the concurrent findings of the Courts below so as to justify interference therein by this Court in exercise of its revisional jurisdiction under section 115 CPC.

7.Even otherwise, the concurrent findings of the Courts below being based on facts cannot be set at naught by the revisional Court unless it is proved through the evidence available on file that the same are either perverse, erroneous, fanciful or are the result of mis- reading and non-reading of material evidence in view of the dicta handed down by the Honourable Supreme Court of Pakistan in the case law reported as 2002 SCMR 1114 and 2007 SCMR 368. No such infirmity was pinpointed by the learned counsel for the petitioners in the judgments and decrees herein impugned.

8.For the reasons discussed above, the revision petition having no substance is hereby dismissed in liminealongwith its CMs No. 129 and 130 of 2015,

ANNOUNCED JUDGE