2021 MLD 1815 Islamabad
limitation
-- computerized National Identity Card (CNIC), Primacy of Presumption of
Truth-- Rebutting evidence, standard of wrong date of birth of secondary School
Certificate -- bona fide case--
incorrect date of birth in
Secondary School Certificate -- Suit for correction of date of birth Limitation
period, accrual of Liability, determination would begin to run from the date of
the issuance of SSC-- Held, that court had no reason to assume that the
discrepancy was in appellant's knowledge at the time of issuance of the, SSC--
mistakes could creep into such information due to a fault on pat of
parents/school -- appellant had not reached the age of majority at the time of providing personal information to be sent to the education board, hence she
could not be held liable for mistake in record--Focus of the student would be
on the marks recorded on the certificate and not ancillary details such as the
date of birth -- appellant had no collateral/ulterior purpose--Appellant birth
certificate, CNIC, passport and driving licence all reflected her correct date
of birth, consequently it was not unfathomable that she had never focused on
the date of birth as recorded on her SSC until her attention was drawn to
the same by the HEC -- time for purposes of limitation began to run when claim
was denied thereby given rise to a cause of action--High Court set aside the
finding of Trial Court that the suit was barred by time
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