Law: Defamation Ordinance (LVI of 2002)

Section: 9

Law: Court Fees Act, 1870

Section: 7(1)

Defamation Ordinance (LVI of 2002)--- ----S. 9---Court Fees Act (VII of 1870), S.7(1)---Defamation proceedings---Special damages, claim for---Payment of court-fee---Scope---Appellants initiated their remedy under S.9 of Defamation Ordinance, 2002, and therein also claimed relief of special damages---Trial Court directed appellants to pay ad valorem court fee for the claim of (special) damages propounded in their petition---Legality---Section 9 of Defamation Ordinance, 2002, which dealt with remedies, could be split and segregated into two parts: the first was relatable to tendering of apology and statutory damages which the court could allow, for which no court fee was payable; second part of the section however starting with the expression "and in addition thereto, any special damage incurred that is proved by the plaintiff to the satisfaction of the court", was an added right of the party, giving him a choice and option to claim special damages from the special forum or to resort to civil suit---Said remedy (of special damages) available to the person approaching the "Court" was in the nature of a civil suit and the claim shall attract the payment of ad valorem court fee under S.7(1) of the Court Fees Act, 1870---Appeal was dismissed accordingly. Raees Ghulam Sarwar through Attorney v. Mansoor Sadiq Zaidi and 4 others PLD 2008 Kar. 458 ref. ORDER MIAN SAQIB NISAR, J.---These appeals, with leave of the Court, entail the facts, in that, the respondents, namely Mst. Bilqees Bibi and Mst. Nasim Akhtar, held a press conference alleging (inter alia) that the appellants have grabbed their property and are a Kabza Group. Such press conference was covered by the newspaper i.e. Gujranwala Times. The appellants, on account of such allegation, being aggrieved and considering the said statements and the publication thereof, as defamatory brought an action against the said ladies/publishers/staff etc. of the newspaper. While initialing a remedy under section 9 of the Defamation Ordinance, 2002 (the Ordinance), the appellants claimed therein inter alia the relief of special damages amounting to Rs.5,00,00,000 (five crores). Learned Courts, seized of the matter, directed the…

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