Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11(iv),O.XXXIX,R.1,2

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11(iv),O.XXXIX,R.1,2

(a) Malicious prosecution-------Suit for damages on basis of malicious prosecution arising out of civil litigation---Conditions essential to constitute a cause of action for such suit stated. Condition precedents for a person to have a cause for damages on the basis of malicious prosecution arising out of civil litigation are that (i) the plaintiff was prosecuted by the defendant; (ii) the prosecution ended in plaintiffs favour; (iii) the defendant acted without reasonable and probable cause; (iv) the defendant was actuated by malice; (v) the proceedings had interfered with plaintiffs liberty and had also affected his/her reputation; and finally (vi) the plaintiff had suffered damage. Muhammad Amin v. Jogendia Kumar Bannerjee AIR 1947 Priyy Council 108; Haji Muhammad Shafi v. Mst. Hamidan Bibi 1990 MLD 597 and Ali Asghar v. Fazal Akbar 1988 CLC 147 ref. Muhammad Akram v. Mst. Farman Bi (PLD 1990 SC 28 fol. (b) Civil Procedure Code (V of 1908)--- ----O. VII, R. 11---Rejection of plaint---Powers of court---Scope---Court could reject plaint even without an application by defendant---Principles. The plain reading of the provision contained in Order VII, Rule 11, C.P.C. clearly provides that there is no express requirement for the defendant to file an application to seek the rejection of the plaint. The court has the authority under the said provision to reject the plaint even without any application made by an interested party. (c) Civil Procedure Code (V of 1908)--- ----O. VII, R. 11---Rejection of plaint---Essential considerations--­Court would consider only plaint and not plea raised in written statement, if same was beyond pale of what was contained in plaint. Jewan v. Federation of Pakistan 1994 SCMR 826; Muhammad Akhtar v. Abdul Hadi 1981 SCMR 878; Nazir Ahmad v. Ghulam Mehdi 1988 SCMR 824 and Pakistan Agricultural Storage and Services Corporation Ltd. v. Mian Abdul Latif PLD 2008 SC 371 rel. JUDGMENT YAHYA AFRIDI, J.--- Shehzada son of Maroon Said resident of Dir Payan has filed the instant constitutional petition challenging the decision of the Additional District Judge/Izafi Zilla Qazi, Timergara and Civil Judge/Maga Qazi Sumar Bagh dated 16-7-2008 and…

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