' MIR HAZAR KHAN KHOSO, J.---The petitioner seeks leave to appeal against the judgment dated 8- 6-1994 passed by the Lahore High Court, Rawalpindi Bench, Rawalpindi.
2. The facts giving rise to this petition are that respondent Subedar Major (Retd.) Abdul Razzaq filed a suit for declaration to the effect that his date of birth according to the birth certificate is 16-4- 1929, but not 16-9-1927. It may be observed that he joined Pakistan Army on 16-8-1943 at minimum age of 16 years, according to which his birth date falls on 16-9-1927. The respondent then joined service in Pakistan Broadcasting Corporation on 22-8-1975 as Security Officer, where he showed his date of birth as 29-3-1929. However, in the year 1986 the petitioner changed the date of birth of the respondent to 16-8-1927. He, therefore, filed a suit before the Court of Civil Judge, IInd Class, Islamabad, challenging his birth date. The suit was resisted by the petitioner. On pleading of the parties following 10 issues were framed:-- "(1) Whether the plaintiff has no cause of action ? OPD.
(2) Whether the suit is not maintainable ? OPD.
(3) Whether the suit is frivolous, if so, its affects ? OPD.
(4) Whether the suit is bad for non-joinder of necessary parties? OPD
(5) Whether the suit is barred by time?
(6) Whether the plaintiff is estopped to file this suit? OPD.
(7) Whether the suit is hit by Order 2, Rule 2 ? OPD.
(8) Whether this Court has no jurisdiction ? OPD.
(9) Whether the plaintiff is entitled to the relief claimed in the plaint ? OPD.
(10) Relief. "
3. The parties led evidence. In support of his date of birth the respondent produced certificate (Exh.P.1), which is in the name of Muhammad Rashid. He claims that it was his certificate. However, on 12-2-1990 the learned Civil Judge, IInd Class, Islamabad, passed the decree in his favour and held the date of birth of the respondent as 16-4-1929. The petitioner filed appeal in the Court of Additional District Judge, Islamabad. Vide judgment dated 30-7-1990 the learned Additional District Judge set aside the judgment dated 12-2-1990 passed by the Civil Judge, IInd Class, Islamabad. The respondent challenged the abovesaid judgment before the Lahore High Court, Rawalpindi Bench, Rawalpindi, which was pleased to set aside the judgment dated 30-7-1990 passed by the Additional District Judge, Islamabad and restored the judgment dated 12-2-1990 passed by the learned Civil Judge, IInd Class, Islamabad. The petitioner has challenged the above said judgment of the High Court before this Court.
4. We have heard Maulvi Anwarul Haq, Advocate Supreme Court with Mr. Ejaz Muhammad Khan, Advocate-on-Record, for the petitioner. The learned counsel contended that the respondent joined Pakistan Army on 16-8-1943 at minimum age of 16 years, hence his date of birth falls on 16-8-1927.
He further claimed that the birth certificate showing birth date of the respondent as 16-4-1929 was in the name of one Muhammad Rashid, but not in the name of respondent. The learned trial Judge as well as the High Court has erred in passing decree in favour of the respondent . Whether the birth date of the respondent is 16-8-1927 or 16-4-1929 ? The evidence produced by the parties needs reappraisal. We are, therefore, inclined to grant leave to appeal. Leave to appeal is granted accordingly.