Law:

Section:

(a) Defamation--- ----Suit for damages---Second appeal---Maintainability---Principles---Accusation, withdrawal of---Concurrent findings of facts---Suit filed by plaintiff was concurrently decreed in favour of plaintiff and against defendant by Trial Court and Lower Appellate Court---Plea raised by defendant was that accusation was subsequently withdrawn by counsel for defendant before High Court---Validity---Once false allegations were levelled, its subsequent withdrawal did not restore honour/respect of affected party and absolve defendant from consequences thereof---Defendant himself repeated same allegations by filing petition before Supreme Court---Lower Appellate Court rightly maintained findings of Trial Court to the extent of defendant. (b) Civil Procedure Code (V of 1908)--- ----S. 100---Second appeal---Second appeal to High Court was maintainable against any decree passed in appeal by Lower Appellate Court/subordinate to High Court on the grounds provided in S.100, C.P.C. and the right was restricted and limited to such grounds---While dealing with second appeal High Court could not enter into reappraisal of evidence stretching down concurrent findings of facts---High Court declined to interfere in and decree passed by Lower Appellate Court as appeal did not fall within any of the exceptions provided under S. 100, C.P.C.---Second appeal was dismissed in circumstances. Abdul Rauf v. Abdul Razzak and another PLD 1994 SC 476; United Bank Limited and 5 others v. Raja Ghulam Hussain and 4 others 1999 SCMR 734; Khawaja Muhammad Naseem v. Shafiqur Rehman 1996 CLC 1460; Azeem Food Industries Ltd. and 4 others v. Industrial Development Bank of Pakistan through Managing Director/Principal Officer 1999 CLC 1915; Naila Junaid v. Additional District Judge and 2 others 2005 MLD 834; Abdul Majeed Khan v. Tawseen Abdul Haleem and others PLD 2012 SC 80; Abdul Wahab Abbasi v. Gul Muhammad Pajano PLD 2008 Kar. 558; Haji Syed Iqbal Ahmed v. Sahibzada Syed Liaquat Ali PLD 2013 Sindh 494; Muhammad Rafiq Memon v. Hakim Ali 2010 CLC 1957; Abdul Rasheed v. State Bank of Pakistan PLD 1970 Kar. 344; Ex.Hav. Mirza Mushtaq Baig v. General Court Martial 1994 SCMR 1948; Hassan…

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