Law:

Section:

Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Suit for declaration, injunction and recovery of damages---Notice by advocate---Proof---Plaintiffs claimed recovery of damages on the plea of issuance of notice by advocate containing false allegations and its circulation amongst financial institutions---Trial Court decreed the suit in favour of plaintiffs---Validity---Neither any proof regarding circulation of alleged notice nor regarding injury caused to plaintiffs' business was produced---Advocate who allegedly issued the notice was not produced in witness box, therefore, issuance of notice was also not proved---Falsehood of allegations in notice in question were also not proved through evidence rather assertion regarding liability towards financial institutions in the light of objections by lending institutions caste reasonable doubt whether the allegations, if at all, levelled in the notice allegedly issued by the advocate, were false---Plaintiffs could not prove their case on the face of record and through evidence led, therefore, findings on such issue were reversed by High Court and the same was decided against plaintiffs---Suit merited dismissal---Appeal was allowed in circumstances. Rehmat Ali v. Additional District Judge, Multan and others 1999 SCMR 900; Provincial Government through Collector, Kohat and another v. Shabbir Hussain PLD 2005 SC 337 and Messrs Essa Engineering Company (Pvt.) Ltd. and another v. Pakistan Telecommunication Company Limited and another 2014 SCMR 922 ref. JUDGMENT SHAHID JAMIL KHAN, J.--- This appeal is filed against judgment and decree dated 26.03.1994 passed by Civil Judge Lahore, decreeing the suit for damages of Rs.5,000,000/- (Rupees five Million) against the appellants. 2. Facts of the case are that a suit for recovery of Rs.80,000,000/- (Rupees Eighty Million) as damages along with declaration and injunction, was filed by respondents Nos.1 to 6 ("plaintiffs"). Declaration and damages were claimed against the appellants ("defendants" Nos.1 to 5) whereas, injunction was prayed against respondents Nos.8 and 9 ("lending institutions"), for restraining them to take any legal action against the plaintiffs/respondents.…

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