Law:

Section:

Defamation Ordinance (LVI of 2002)--- --------S. 13---Civil Procedure Code (V of 1908), O.VII, R.10---Suit for damages---Return of plaint---Pecuniary jurisdiction---Plaintiff sought recovery of damages under Defamation Ordinance, 2002, and suit was filed before High Court in its original civil jurisdiction---Validity---Deliberate use of words 'the District Court' in S.13 of Defamation Ordinance, 2002, with word 'shall' was sufficient to establish intention of lawmakers that no other court would have jurisdiction to try cases filed under Defamation Ordinance, 2002---High Court was 'Civil Court' but such could not be confused that, High Court while exercising its original civil jurisdiction had become 'District Court' or could dress it up as a 'particular court'---When law itself did not confer jurisdiction, no Court could legally create such jurisdiction, even the High Court---Law could permit Courts to interpret law but not to step onto the domain of Legislature i.e. 'making of law'---To confer jurisdiction was function of lawmakers and the suit was triable by 'District Court' concerned which jurisdiction could not be taken away even on the ground of `pecuniary jurisdiction'---Case under Defamation Ordinance, 2002, was to be tried by District Court, as directed by special law---Suit filed before High Court was barred by law---Plaint was returned in circumstances. Khadim Hussain and 12 others v. Gul Hassan Tivano and 3 others 2013 CLD 981 and Pakistan Herald Publications (Pvt.) Ltd. and 2 others v. Karachi Building Control Authority 2012 CLD 453 ref. THIS ORDER PASSED BY: SALAHUDDIN PANHWAR, JUSTICE:------------------ Through applications under Order VII, Rule 11, C.P.C. CMA No.7717/11 and CMA No.4765/2011], defendants seek rejection of plaint in captioned suits on the plea that since present suits relate to the Defamation Ordinance, 2002 and the jurisdiction in this regard lies to District Court, therefore, plaintiffs have filed these suits on wrong Forum. In support of arguments, he has relied upon the case-laws reported as Khadim Hussain and 12 others v. Gul Hassan Tivano and 3 others 2013 CLD 981] and Pakistan Herald Publications (Pvt.) Ltd. and 2 others v.…

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