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2023 YLR 1283 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 YLR 1283 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Reporter
YLR
Subject matter
Civil
Provisions referred to
S. 42---; S. 42---L; S. 115---; Limitation Act (IX of 1908)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Citation Name: 2023 YLR 1283 LAHORE-HIGH-COURT-LAHOREBookmark this Case BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, MULTAN VS MUHAMMAD AFZAL S. 42--- Suit for declaration seeking change in date of birth in Matriculation certificate---Matriculation certificate was regarded as an authentic document---Changes in the said document could only be allowed on the basis of cogent and irrefutable evidence when it becomes apparent that there was a bona fide, just and inadvertent mistake in recording of date of birth or any other personal particular---Educational record pertaining to personal particulars of a candidate is sacrosanct and its credibility, authenticity and genuineness is liable to be protected in the absence of any just and proper reason. Citation Name: 2023 YLR 1283 LAHORE-HIGH-COURT-LAHOREBookmark this Case BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, MULTAN VS MUHAMMAD AFZAL S. 42---Limitation Act (IX of 1908), Art. 120---Suit for which no period of limitation is provided---Scope---Suit for declaration seeking change in date of birth in Matriculation certificate---Respondent submitted his admission forms himself by recording therein, his date of birth and pursuant to the same, the matriculation certificate was issued---Respondent acquiesced and accepted the same---Respondent claimed that cause of action arose four months prior to filing of suit when the petitioner declined the sought correction---No application for correction was on record---Matter was agitated much after the lapse of period of limitation---No condonation of delay was sought and there was no explanation as to why the respondent had not sought correction for such a long time from the date of issuance of matriculation certificate which was in the knowledge of the respondent---Right to sue accrued immediately for correction of date of birth after the issuance of matriculation certificate in case respondent was aggrieved from the same---Suit instituted by respondent was clearly barred by time---Revision was allowed and suit was dismissed. Citation Name: 2023 YLR 1283 LAHORE-HIGH-COURT-LAHOREBookmark this Case BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, MULTAN VS MUHAMMAD AFZAL S. 115--- Revisional jurisdiction---Concurrent finding of fact---Setting aside of---High Court does not interfere in the concurrent findings of fact recorded by the Courts below but, when it is evident that evidence on record was misread or non-read, interference was warranted to correct the jurisdictional errors or miscarriage of justice.

Other judgments reported in 2023 YLR

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