Law: Civil Procedure Code (V of 1908)

Section: 115

(a) Malicious Prosecution---Suit for malicious prosecution---Essential ingredients. In a suit for malicious prosecution, the plaintiff is under an obligation to show that he was prosecuted by the defendant on the criminal charge that the prosecution terminated in favour of the plaintiff; that the prosecution was malicious; the prosecution was without reasonable and probable cause; that the proceedings had interfered with plaintiff's liberty and had also affected his reputation, and that finally the plaintiff had suffered damages. Abdul Rauf v. Abdul Razaq and another PLD 1994 SC 476; Sheikh Muhammad v. Mst. Hashmat Sultana 1989 SCMR 34; Muhammad Bakhsh v. Province of Punjab through District Collector, Multan (now Lodhran) and 2 others 1994 SCMR 1836; Anwar Zaman and 5 others v. Bahadur Sher and others 2000 SCMR 431; Muhammad Ashraf v. Municipal Corporation Gujranwala through Mayor/Administrator 2000 MLD 514 and Niaz and others v. abdul Sattar and others PLD 2006 SC 342 ref. (b) Malicious Prosecution---Suit for malicious prosecution---Burden of proof---Claim made on basis of malicious prosecution was a heavy burden that could not be discharged so conveniently---Burden on the plaintiff in a suit for malicious prosecution was more than it was in a normal suit. Abdul Rauf v. Abdul Razaq PLD 1994 SC 476 rel. (c) Words and phrases--- ----"Actual malice" -Meaning of. PLD 1957 Lah. 283 rel. (d) Words and phrases--- ----"Implied malice"---Meaning of. PLD 1957 Lah. 283 rel. (e) Words and phrases--- ----"Malicious" ---- Meaning of. PLD 1957 Lah. 283 rel. ORDER MUHAMMAD SHAFI SIDDIQUI, J.---This revision application is arising out of the proceedings initiated by the respondent before the trial Court by filing suit for damages for malicious prosecution which has been claimed on account of filing criminal miscellaneous application by the applicant pursuant to the Illegal Dispossession Act 2005. Per learned counsel for the applicant the proceedings under the said criminal miscellaneous application were withdrawn as the respondent vacated the portion occupied by them illegally and unlawfully and hence the application was withdrawn. Subsequent to the withdrawal of said criminal…

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