How To Change date Of Birth in NADRA CNIC

change date of birth

While issuing NADRA CNIC, if they have entered wrong date of birth. Then you definitely need to change date of birth in CNIC. It’s your fundamental right. Because if you didn’t change date of birth in NADRA CNIC, it will cause many problems. Like while getting job in foreign, future study etc.

But most people don’t know about how to correct date of birth or change date of birth in CNIC/ Birth certificate.

That’s why we have decided to write a post on it. Here we will explain the procedure of how to change date of birth. The format of suit for correction of date of birth is also given here.

This post also covers matters relating to NADRA name change procedure. Because procedure which is followed in these circumstances is same.

Problem

Most of the time when you apply for NADRA CNIC, they inadvertently mention wrong date of birth. For Example, if someone born in 22th of August 1995 but NADRA entered 22th August 1998. That where problem arises. Another scenario is where you father’s name is wrongly entered.

Anyhow each time when this problem arises you have to approach civil court and get declaration decree.

But which documents are required to change date of birth in CNIC. These are mentioned below

Documents Required To Change Date of Birth Or To Change Father Name In CNIC

While filing suit to correct date of birth in NADRA CNIC you must have following documents in your possession.

  1. Birth Certificate of NADRA
  2. Matriculation Degree
  3. CNIC
  4. Father’s CNIC (in case father name change needed)
  5. Union council birth registration certificate (if require you must have it as well)

Time Limitation To File Suit To Change Date of Birth

NADRA name change procedure falls under category of declaratory suits. For these type of suit section 42 of specific relief act 1877. The limitation of Section 42 is 6 years under article 120 of limitation act 1908.

2015 MLD 1481 also held that to change date of birth, the plaintiff has 6 years to commence legal proceeding in court.

Wrong Procedure of NADRA While Changing Date of Birth

When someone reaches NADRA office to change date of birth. They usually told them that bring an affidavit (notarized attested). In that affidavit that person swore that his original date of birth in birth certificate is wrongly entered.

But rest assure that’s a wrong procedure to change date of Birth in ID card. Even if you submit affidavit they will refuse to correct date of birth and will tell you to get court declaration decree.

That’s why don’t waste your time and file a suit to correct date of birth in CNIC NADRA.

But what’s the right procedure.

Right Procedure To Change Date of Birth in NADRA ID Card

The right procedure is that you need to file a plaint in civil court. This plaint contains all the fact that you were born on that date. The date in  union council birth certificate is that. The date of birth in NADRA b.form is that. The date of birth in matriculation degree is that.

You have to attach above document in order to strengthen your claim.

The procedure is still same, if you want to change father’s name in NADRA CNIC.

When you will submit your case in court, they will issue summons to NADRA authority to appear on next date and submit their written statement.

On next date when counsel from NADRA appears before court and submit reply. The court will again give you next date on which NADRA counsel will examine and cross examined the plaintiff.

At the time of cross examination you must have all your documents with you.

When cross examined is over the court will pronounce its judgment. The court will also give direction to the NADRA authority to change date of birth of plaintiff.

That how you get you remedy in short time. This whole procedure takes up to 3 or 4 months.

Case Law on Correction of Date of Birth

Here it’s important to mention at least two case laws. These cases are very important and serve as a guideline for NADRA.

[2016 Y L R 323] Correction of date of birth in CNIC by NADRA

Scope-Contention of plaintiff was that he was born on 22nd May, 1993 but his date of birth had been recorded as 22nd May, 1990.

Suit was dismissed concurrently.

Validity plaintiff produced documents bearing his date of birth as 22-05-1993 which could not be refuted by the authorities. No reason existed to believe that the date of birth mentioned in the documents produced by the plaintiff, was managed one.

Plaintiff was neither claiming any right in service nor having any other interest in seeking correction of date of birth in his CNIC.

Correction of date of birth of the plaintiff would not adversely affect any right of any other person. No provision existed to prohibit NADRA from rectifying any mistake in the CNIC.

Every citizen was required to be registered with the NADRA. Issuance of CNIC would mean that information contained therein was valid and correct. Therefore, by not correcting an error on the CNIC, NADRA in fact was not performing its primary function.

NADRA was bound to maintain a correct database and to print the correct information on the CNIC. Impugned judgments and decrees passed by the courts below were set aside and NADRA was directed to rectify the mistake as to change date of birth of plaintiff appearing on his CNIC from 22-05-1990 to 22-05-1993.

Revision was accepted, in circumstances.

Another important judgement of Lahore High Court is on the point that NADRA can change date of birth in CNIC even without court order.

[2012 PLD 378]  For correction of Name in NADRA Records/CNIC without getting COURT ORDER

Ss. 9 & 5(3)—National Database and Registration Authority (NIC) Rules 2002, R.13—Constitution of Pakistan, Art. 199—Constitutional petition—correction on National Identity Card issued by NADRA—

Petitioner had sought correction on his national identity card on the ground that the name of his father had been in correctly entered. NADRA (respondent) refused to make the necessary correction on the ground that for a change in the father’s name; a court order was necessary.

NADRA, to support such contention, relied on its Registration Policy and Standard Operating Procedures (SOPs).

Validity-Error was clearly a typographic mistake. National database was required to be maintained by NADRA, and every citizen was required to be registered and to effectuate such registration. Every citizen was issued a national identity card.

National Identity Card (CNIC) was a legal document for the identification of a citizen, and its issuance meant that the in formation contained therein was valid and correct.

NADRA, by not correcting an error in its database or on the CNIC , was, in fact, going against the spirit of the Ordinance, and was not performing its primary function and was perpetuating a wrong in its own database, thereby negating the purpose of the national identity card.

NADRA, was bound to maintain a correct database and was bound to print correct in formation on the CNIC and was obligated to correct any error in its database or the CNIC it issued to a citizen.

Standard Operating Procedures (SOPs) and Registration Policy were internal instructions to enable NADRA to achieve optimum level of efficiency and to ensure consistency and infirmity in its procedure and process.

Standard Operating Procedures (SOPs) did not have the force of law and were not binding on the NADRA. Standard Operating Procedures were internal documents, at best, and could not form the basis of denying the petitioner the right to have the correct in formation maintained in the citizen database and printed on the CNIC.

Standard Operating Procedures could not form the basis for NADRA to refuse to change date of birth an error in its record because if the error was not corrected, it would negate the very purpose of issuing a CNIC to a citizen.

Delay in filing an application for correction of an office mistake could not hamper or prevent the process of actually correcting the NADRA database, or the CNIC.

High Court directed NADRA to treat the pending request of the petitioner as a correction of an office mistake and to correct father’s name in CNIC database and issue him a new CNIC.

Constitutional petition was allowed, accordingly.

Format of Suit to Change Date of Birth in ID Cards

The sample of suit to correct date of birth is provided here. You can use this draft of suit to change date of birth while making necessary changes.

IN THE COURT OF SENIOR CIVIL JUDGE, RAWALPINDI

In the matter of:

MNUR son of HUR, Presently resident of H. No. __, _____ Colony, Rawalpindi.

…Plaintiff

Versus

NADRA, Saddar Branch, Rawalpindi through its Manager/ Incharge.

…Defendant

SUIT FOR DECLARATION TO CHANGE DATE OF BIRTH IN NADRA CNIC

Respectfully Sheweth,

  1. That the plaintiff was born on 08-08-1982 and later on the plaintiff passed his Primary Examination at Bhalwal School, Sargodha in the year of 2005.
  2. That the plaintiff applied for the National Identity Card from NADRA office but inadvertently the date of birth of the plaintiff was mentioned as 16-10-1987 instead of 08-08-1982.
  3. That the plaintiff contacted the defendant for the necessary correction in his NIC Card. The defendant earlier asked for submission of duly attested Affidavit from the plaintiff, which was provided accordingly but the defendant refused to take the application of plaintiff on the plea that the plaintiff first should obtain the declaration from the competent court of law.
  4. That despite all efforts the defendant is not ready to correct the date of birth of the plaintiff on his ID Card, hence this case.
  5. That cause of action finally accrued a few days ago when the defendant refused to entertain the application of the plaintiff which is still continuing.
  6. That the office of the NADRA, Rawalpindi is within the territorial limits of this Honourable Court and the plaintiff is temporarily resident at Rawalpindi, so this Honourable Court got the jurisdiction to entertain the matter in hand.
  7. That the value of the suit for the purpose of jurisdiction is fixed as Rupees 2000/-, which is exempted from court fee.

In view of above, it is therefore, most humbly prayed that the suit of the plaintiff may kindly be decreed in favour of the plaintiff and the defendant may kindly be directed to change Date of Birth of the plaintiff as 08-08-1982 instead of 16-10-1987 and after the necessary changing the new I.D Card of the plaintiff may kindly be issued, in the interest of justice.

Any other relief, which this Honourable Court deems fit and proper may also be granted to the plaintiff.

Plaintiff

Through

Muhammad Mateen

Advocate High Court

Verification:-

Verified on Oath at Rawalpindi on this _____Day of July 2018, the contents of the para  1 to 5 of the suit the suit are true and correct to the best of my knowledge and rest of the paras are believed to be true and correct as per information received.

Plaintiff

IN THE COURT OF SENIOR CIVIL JUDGE, RAWALPINDI.

In the matter of:

MNUR son of HUR, Presently resident of H. No. __, _____ Colony, Rawalpindi.

…Plaintiff

Versus

NADRA, Saddar Branch, Rawalpindi through its Manager/ Incharge.

…Defendant

SUIT FOR DECLARATION TO CHANGE DATE OF BIRTH IN NADRA CNIC

Affidavit.

That I, MNUR son of HUR Presently resident of H. No. ____, _____ Colony, Rawalpindi.

DO HEREBY SOLEMNLY DECLARE AS UNDER

That the contents of the suit are true and correct to the best of my knowledge and belief and nothing has been concealed therein.

Deponent.

Verified on Oath at Rawalpindi On this   Day of  July 2018. That the above deposition is true and correct to the best of my Knowledge and belief.

Deponent

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