IN THE COURTOFMAIID WAQARAHEER,

sENroR (CrvrrDIVISTON).
crul IUDGE
LAYYAH.

HAJRA...VS
...CHAIRMAN,
NADRAETC.

CIVILSUITNO.140/2019.
DATEOFINSTITUTION:
3 0-07-20 19.
DATEOFDECISION:23-12-2019.

SUITFORDECTARATION
WITH CONSEQUENTIAL
RETIEF

JUDGMENT:-
1-- Brieflystated,asper plaint,the plaintiff hasaverred

that she got issued her CNICfrom the defendants.Erroneously

her date of birth was mentionedas 30.08.L984,insteadof 1969.

She asked the defendantsto correct her particular, as detailed

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{k; above,but it was refused,hencethe above captionedsuit.

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* ' r ls', 2- The defendantsresisted the above captioned suit
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by filling written statement, wherein the factual aspectswere

controvertedand it was prayed that the suit be dismissed.

3- From the divergent pleadings of the parties

followingissueswere framed.

1. Whether the actual date of birth of the plaintiff

is "l-969" insteadof "30.08.L984",as such;the
wrong entry in NADRArecord relating to CNIC
of the plaintiff is against law, facts, void,
ineffective and inoperative upon rights of the
plaintif{, hence, the same is liable to be
rectified and the plaintiff is entitled to decree
for declaration on averments taken in the
plaint? OPP

Z.Whether the plaintiff has got no causeof action

to file this suit? OPD
 HAJRA--VS---
CHAIRMAN.
NADRA.ETC. 2

3. Relief,

4- All the parties were given full opportunities to

producetheir respectiveevidencein support of their version.

TheplaintiffHajraappearedas PW.l-.Mr. AzizAhmedappeared

as PW.z. CNIC of MuhammadSaleemi.e. Ex.PL,CNIC of

MuhammadNaeemi.e.Ex.PZ,Nikahnamaof plaintiffi.e.Ex.P3,

schoolleavingcertificateof plaintiffi.e.Ex.P4,were submitted

asdocumentaryevidence.

5- The representativeof the NADRA, Mr. Saleem

Mehmoodappearedas DW.L.He submitteddataform i.e.Ex.D1,

asdocumentaryevidence.

6- I have heard the argumentsand perusedthe record.

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(- ffi My issueswise findingsareas follows:
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ISSUE
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& 7- Onusto provethis issuewas placedon the plaintiff.
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The plaintiff reiteratedthe contentsof the plaint during the

course of examinationin chief. During the course of cross-

examination,he deposedthat she got mentionedher date of

birthas01011q69NADRA herdate0fbirthas
mentioned
30.08.L984,erroneously.She denied the suggestionthat she

had deposed falsely. PW-z Mr. Aziz Ahmed supported the

version of the plaintiff, during the course of examination in

chief. During the course of cross-examinationhe deposedthat

he went alongwith the plaintiff to get issued identity card. The

date of birth of his wife was mentioned erroneously due to

mistake of NADRA.
 HAIRA--VS---CHAIRMAN.NADRA.ETC. 3

B- The DW-1 reiterated the contentsof the written

statementduring the courseof examinationin chief.Duringthe

courseof crossexamination
he deposedthat he was not present

when the plaintiff went to get issued the identity card. He

admittedthat the identity cardsof both sonswere issuedby the

NADRA.

9- Perusalof attestedcopy of schoolleavingcertificate

of the plaintiff i.e EX.P.4 reveals that her date of birth is

mentioned as 01.0L.L969.The defendantshas not submitted

any document showing the date of birth of the plaintiff as

30.08.1984. In the light of aforesaid, it is evident that the

correct date of birth of the plaintiff is 01.01,.1969,thus this

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issue is decided in affirmative, partially. As far as the prayer of
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the plaintiff for consequential relief is concerned, she has
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H-** equally efficaciousremedy in that regard; she may apply to the
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concerneddepartment,if so desired.

ISSUENO.2.
L0- Onus to prove this issue was placed on the

defendants. produced
Noevidence
was inthisregard,
thusthis
issueis decidedin negative.

RELIEF.
IL. In the light of rny findingson the issueNo.l, the suit in
handis decreedto the effectthat the correctdateof birth of the
plaintiff is 01.01.L969.
As far as,the prayer of the plaintifffor
consequential
relief is concerned,she has equallyefficacious
remedy in this regard.Shemay apply to the defendants,if so
desired. Thereis no order as to costs.Decreesheetbe drawn
 HAIRA--VS---
CHAIRMAN.
NADRA.ETC.

accordingly. File be consigned to the record room after its

completion/ compil ation.
Announced.
23.12.20L9
SeniorCivil |udge [Civil Division),
Layyah.

Certifiedthat this judgment consistsof 04 pagesand eachpage

is dictated,read,correctedand signedby me.

AHEER
SeniorCivilJudgefCivilDivision),
La1ryrah.