Law:

Section:

(a) Defamation Ordinance (LVI of 2002)-------Preamble---Defamation---Object and scope---Defamation Ordinance, 2002, is a special law on the subject creating special remedies and also providing specific court for trial of cases and appeal--- Jurisdiction for trial of cases under Defamation Ordinance, 2002, was conferred on District Court. (b) Defamation Ordinance (LVI of 2002)--- ----Ss. 2(bb) & 13 [as amended by Defamation (Amendment) Act (IX of 2004)]---West Pakistan Civil Courts Ordinance (II of 1962), S.7 [as amended by Sindh Civil Courts (Amendment) Ordinance, 2002]---Civil Procedure Code (Amendment) Ordinance (X of 1980), S.15---High Court appeal---Defamation suit---Trial---High Court, jurisdiction of---Suit for recovery of Rs.5 million was filed by plaintiff in High Court in exercise of original jurisdiction---Single Judge of High Court returned the plaint to plaintiff for filing the same before District Court--- Validity--- Jurisdiction with regard to District Court was not to be read as provided in West Pakistan Civil Courts Ordinance, 1962, where High Court had been conferred jurisdiction to hear suits exceeding value of Rs.15 million as a principal civil court of original jurisdiction---District Court was court of trial of cases under Defamation Ordinance, 2002, it would be the District Court and no other court including High Court and it was the appeal against final decision and decree of that court which would be heard by High Court--- Division Bench of High Court did not find any illegality in the order passed by Single Judge of High Court and the same was maintained---High Court dismissed the appeal in circumstances. JUDGMENT GULZAR AHMED, J.---By this appeal the appellant has challenged the order dated 18-4-2005 passed in a Suit filed by the respondents against the appellants for recovery, declaration, permanent injunction and damages amounting to rupees five million. The impugned order was passed on the office objection and learned Single Judge found that under section 13 of Defamation Ordinance, 2002 the jurisdiction to try the cases vests in the District Court and plaint was ordered to be returned for presentation before the Court of…

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