13/2013 First Appeal Against Order Hassan Abbass (Appellant) V/S Ist Additional District & Session Judge (Central) at Karachi. (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar
Order Date: 10-MAY-14
(a) Civil Procedure Code (V of 1908)--- ----O. VII, R. 11---West Pakistan (Board of Intermediate and Secondary Education Karachi) Ordinance (III of 1962), Ss.27 & 29---Specific Relief Act (I of 1877), S.42---Suit for declaration---Correction of father's name was sought by plaintiff---Rejection of plaint---Scope---Name of maternal grandfather was mistakenly mentioned in the school record as name of father of plaintiff and same had been disclosed by him which was also supported by affidavit of his mother---Record maintained by the Education Board was incorrect and father of plaintiff and that of his mother could not be one and the same---Trial Court was bound to reconcile the record of Education Board with that of the correct name of father of plaintiff in view of available record---Education Board had not applied mind to the request made by the plaintiff through a proper application wherein ingredients of plaint and circumstances mentioned in the same had been brought to the notice of Education Board but same had been declined without assigning a cogent reason---Education Board had not mentioned the rules before the Trial Court which restrained them from making correction in the record---Section 27 of Board of Intermediate and Secondary Education Ordinance, 1962 did not mean that Education Board was a final authority and order passed by the same was not subject to review by the courts---Section 29 of Board of Intermediate and Secondary Education Ordinance, 1962 stipulated that no suit for damages or other legal proceedings should be instituted against Government and any member of Education Board or Committee---No decision or order of Education Board was under challenge nor plaintiff had claimed any damages against controlling authority or member of Education Board in the present suit---Present was a suit for correction in the relevant record of Education Board---Education Board was bound to make necessary correction once there was a satisfactory proof of mistake on the record---Refusal of Education Board to rectify the mistake in the certificate issued by Board was without any lawful jurisdiction---Impugned order passed by the Education Board was without reasoning and same was not a speaking order---Trial Court had rejected the plaint without proper trial which was contrary to the requirement of law---Orders passed by the Trial Court and Appellate Court were set aside and case was remanded for decision on merits after recording of evidence in accordance with law. (b) Limitation Act (IX of 1908)--- ----S. 5---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Appeal---Non-disclosure of dismissal of appeal by the counsel to the appellant---Professional misconduct of counsel---Condonation of delay---Scope---Application was supported with a complaint against the counsel who had been representing the appellant before the Trial Court and first Appellate Court---Details of professional misconduct of counsel had been given in the affidavit with regard to the fact that he (counsel) did not disclose about the dismissal of appeal---Circumstances were not within the control of appellant to file present appeal in time who had accounted for the delay---Application for condonation of delay was accepted in circumstances.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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