LAL JAN KHA TTAK, J.---This civil revision is directed against the judgment and decree dated 23.01.2021 of the learned Additional District Judge-VI, Peshawar whereby the petitioner's appeal against the judgment and decree dated 22.10.2020 of the learned Civil Judge-XX, Peshawar has been dismissed.
2. Brief facts of the case are that the petitioner filed a suit for declaration to the effect that her correct date of birth was 19.03.1989 and the one recorded in the respondents' record as 14.10.1987 was illegal and liable to be corrected. When appeared, respondents moved an application for rejection of the plaint which was allowed by the learned trial court with which the learned appellate court has concurred.
3. Arguments heard and record gone through.
4. The point prevailed upon the learned two courts for non-suiting the petitioner by rejecting her plaint was that her suit was barred by time but it has been held umpteenth times by the superior courts that limitation is a mixed question of law and facts which can only be resolved after recording evidence. As no evidence was recorded in the case, therefore, the impugned Judgments and decrees are not sustainable. Besides, in support of her stance, the petitioner has relied upon her School Leaving Certificate and also upon a certificate issued by the concerned Union Council and in the light of the referred certificates, prima facie, her suit appears to be within time.
5. For what has been discussed above, this revision petition is allowed, the impugned judgments and decrees are set aside and the learned trial court is directed to decide the petitioner's case on merits.