IN THE COURT OF DISTRICT JUDGE RAWALPINDI

Fazal- e- Rabbi S/ o Fazal-e-Rabbani R/o Sabzazaar Lane No.1

Rawalpindi Cantt.

Appellant

Chairman National Data Base and Registration Authority through its

representative Rawalpindi Region.

Respondent

APPEAL AGAINST THE JUDGEMENT AND DECREE DATED 13-02-

2018 PASSED BY ASMA KANWAL LEARNED CIVIL JUDGE
RAWALPINDI WHEREBY THE LEARNED JUDGE DISMISSED THE
SUIT OF THE APPELLANT.
PRAYER IN APPEAL. To set aside the judgment and decree dated 13-
02-2018 by decreeing the suit of the appellant as prayer for.

Respectfully sheweth:-

1. That the brief facts of the instant appeal are that the appellant
filed a suit for declaration and mandatory injunction alleging
therein that correct date of birth of the appellant is 15-08-1968
according to the Registration of Birth Certificate, Nikkah Nama,
school leaving certificate and secondary school certificate of FBISE
Islamabad which fully support the version of the appellant but the
respondent wrongly incorporated the date of birth of the
appellant as 15-08-1966 in the National Identity Card.
2. That on the other hand the respondent appeared in the court and
submitted their written statement and raised objection regarding
 the date of birth of the plaintiff which is mentioned in the plaint
and prayed for the dismissal of the plaint.
3. That there after the learned trial court out of the divergent
pleading of the parties framed the following issues.

ISSUES:
I. Whether the plaintiff is entitled to the decree for declaration and
mandatory injunction to the effect that the correct date of birth
of the plaintiff is 15-08-1968 instead of 15-08-1966 and same is
liable to be corrected? OPP
II. Whether the suit if the plaintiff is false and the suit is liable to be
dismissed? OPD
III. Relief.
4. That subsequently the appellant produced his oral as well as
documentary evidence in support of his version but on the other
hands the respondent failed to produce any rebuttal evidence and
after adducing the evidence the learned council for the appellant
advanced arguments and prayed for correction of the date of
birth by decreeing the suit.
5. That the learned trial court overlooked the oral as well as
documentary evidences produced by the appellant and also failed
to consider the arguments advanced by the appellant’s counsel
dismissed the suit of the appellant vide judgment dated 13-02-
2018.
6. That feeling aggrieved and dissatisfied by the above said
judgment and decree the appellant prefer this appeal inter alia on
the following grounds amongst the others.
GROUNDS
a. That the impugned judgment and decree is against the law
and facts of the case and hence liable to be set aside.
b. That the learned trial court also overlooked the oral as well
as docementry evidence produced by the appellant which is
fully supported the version of the appellant/plaintiff and
passed the impugned judgment and decree in hap hazard
and arbitrary manner which is not tenable in the eyes of law
and is liable to be set aside.
c. That the appellant also relied upon the precedent and
judgments of the higher courts but the learned trial court
did not give waitage to the said judgments and passed the
impugned judgment and decree in hap hazard and
clandestine manner which is liable to be set aside.
d. That the impugned judgment and decree resulted into grave
miscarriage of justice.
e. That the impugned judgment and decree is based on
surmises and conjectures.
f. That there are grave illegalities and irregularities in the
impugned judgment which resulted into miscarriage of
justice.
g. That the appellant proved his case beyond any shadow of
doubt but even then the learned trial court passed the
impugned order by ignoring the material available on record
hence the impugned judgment and decree is result of
misreading and non-reading of evidence, which is liable to
be set aside.
h. That the valuable rights of the appellant are involved in the
instant case and if the impugned judgment and decree is not
set aside the appellant will suffer irreparable loss.

PRAYER:-
It is therefore, respectfully prayed that the instant appeal
may kindly be accepted and the impugned judgment and
decree dated 13-02-2018 passed by Asma Kanwal Learned Civil
Judge Rawalpindi may kindly be set aside and the suit of the
appellant may kindly be decreed as praye for in the interest of
justice.

Any other relief which this honourable court may deem fit
and proper be awarded.

Appellant

Through:-

Tariq Khan Jadoon

Advocate High Court

CERTIFICATE:-
Certified that it is the first appeal ever filed by the appellant on
the subject matter.

Counsel