ABDUL HAFEEZ vs FEDERATION OF PAKISTAN through Chairman NADRA S — 2023 CLC 776 KARACHI-HIGH-COURT-SINDH

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ABDUL HAFEEZ VS FEDERATION OF PAKISTAN through Chairman NADRA S.42---Correction of date of birth---Burden of proof---Applicant filed suit for declaration and mandatory injunction against the respondents for the correction of his date of birth---Trial Court dismissed the suit and appeal thereagainst was also dismissed by the Appellate Court---Held, that as to the burden of proof in respect of issue laid upon the applicant and he in support of his version examined himself and his brother---Applicant deposed that his actual date of birth was 13.09.1996---Applicant applied for issuance of CNIC mentioning his date of birth as 13.09.1996 but NADRA authorities mentioned it incorrectly in CNIC as 01.01.1989 instead of 13.09.1996---Applicant further deposed that against such a mistake in his CNIC, he approached NADRA but they refused and asked to bring a Court decree, therefore, applicant filed present suit---During cross examination, applicant admitted that he knew that CNIC was issued at the age of 18 years---Applicant also admitted that if his date of birth was counted from 1996 then till 2010, when he applied for CNIC, his age was 14 years---Applicant also admitted that his educational documents had been issued seven years later after the issuance of his CNIC---In support of his contention, applicant also examined his brother, who deposed that the actual date of birth of the applicant was 13.09.1996---Respondents examined Assistant Superintendent, NADRA Office, who deposed that in the year 2010 applicant applied for obtaining his CNIC and submitted a CNIC form showing his date of birth as 01.01.1989 and not 13.09.1996 and on the information provided by the applicant, NADRA authorities issued CNIC to the applicant---In his deposition, said witness also clarified that if the date of birth of the applicant was considered as 13.09.1996, the age of the applicant was just 14 years when he applied for CNIC, which was against the registration policy---In cross-examination the material substance in respect of the date of birth of the applicant could not be shattered---Applicant himself failed to get his date of birth corrected by filling up the required form timely when he originally applied for his CNIC, which request after ten years of the issuance of the said CNIC could not be allowed---Applicant himself applied for the issuance of Smart Card in the year 2010 when he himself declared his date of birth as 01.01.1989 which showed that at the time of issuance of CNIC, he was 21 years old---Applicant definitely would have used his CNIC for ten years, and thereafter filed the present suit in the year 2021---Applicant did not produce any educational documents as to when he obtained his first CNIC---All the documents were issued later than the issuance of CNIC---Hence, authenticity and legitimacy of the documents were highly questionable---Applicant had failed to produce his B-Form, FRC, Birth Certificate or any documentary proof to show that there was any difference of the age inter se with his other family members---Before the Trial Court, applicant appeared in the witness box being not aware regarding the spelling of the word "Metric" (the exams he claimed to have passed) which showed that he was probably still an uneducated person and both the education and birth related documents were managed---Revision application was dismissed.

ABDUL HAFEEZ vs FEDERATION OF PAKISTAN through Chairman NADRA S — 2023 CLC 776 KARACHI-HIGH-COURT-SINDH

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