| Case ID |
041f24ed-00ad-4866-b008-8c975d7b4a38 |
| Body |
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| Case Number |
Civil Appeal No. 77 of 1995 |
| Decision Date |
Mar 26, 1997 |
| Hearing Date |
Mar 26, 1997 |
| Decision |
The Supreme Court of Pakistan accepted the appeal and set aside the judgment of the Lahore High Court, restoring the decision of the Additional District Judge which had dismissed the plaintiff's suit. The Court found that the plaintiff's evidence regarding his date of birth was not credible and that there was a lack of explanation for the delay in seeking correction. The entry in the Birth Register was deemed not binding on the appellant and the High Court's reasoning was found unconvincing. The judgment emphasized the importance of providing valid evidence in civil matters. |
| Summary |
In the case of Pakistan Broadcasting Corporation vs. Subedar Major (Retd.) ABDUL RAZZAQ, the Supreme Court of Pakistan dealt with an appeal regarding the rectification of the plaintiff's date of birth. The plaintiff had claimed that his recorded date of birth was incorrect and sought a declaration to amend the official records. The trial court initially decreed in favor of the plaintiff, but this was overturned by the appellate court. The Lahore High Court restored the trial court's decree, leading to the appeal at the Supreme Court. The Supreme Court found the plaintiff's claims unsubstantiated, particularly noting that he had joined the army at an age that would contradict his stated date of birth. The Court also highlighted procedural deficiencies, including the failure to involve necessary parties in the suit. Ultimately, the Supreme Court restored the decision of the First Appellate Court, emphasizing the importance of credible evidence in civil litigation. This case underscores the legal principles surrounding age verification in civil suits and the burden of proof required to amend official records. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Pakistan Broadcasting Corporation,
Subedar Major (Retd.) ABDUL RAZZAQ
|
| Judges |
ABDUL HAFEEZ MEMON,
MUKHTAR AHMAD JUNEJO
|
| Lawyers |
Maulvi Anwarul Haq,
Ejaz Muhammad Khan,
Kaukab Iqbal
|
| Petitioners |
Pakistan Broadcasting Corporation through Director General, P.B.C. Headquarters, Islamabad
|
| Respondents |
Subedar Major (Retd.) ABDUL RAZZAQ
|
| Citations |
1998 SLD 1375,
1998 PLC 462
|
| Other Citations |
Not available
|
| Laws Involved |
Qanun-e-Shahadat
|
| Sections |
49
|