Law:

Section:

(a) Tort--- ----Civil wrong arose when a person breached a legal duty owed to another---Legal duties were of two kinds: one was contractual duty and the other was non-contractual duty---Breach of contractual duty was not a tort while breach of non-contractual duty emanating from legal obligation gave rise to tort---Breach of contractual duty may be redressed by its enforcement through specific performance while in the latter case, it accrued a right of damages for civil wrong caused. (b) Tort--- ----Maxim:- Ubi jus ibi remedium---Frivelous litigation---Where there was a right there was a remedy, a person had a right of fair treatment and free enjoyment of peaceful society and he undoubtedly was vested with right of remedy as well---Courts were conscious about elementary question for consideration that whether a party was bringing an unfounded action, not with a view to vindicate justice but for the purpose of harassing the opponents---Prevention of vexatious litigation was also an essential and prime object and people must resort to courts for vindicating justice and not for harassing others which in turn gave rise to right of action against the plaintiff of frivolous and vexatious litigation---Tendency of abuse of process of court and harassing the innocents was on increase which was incongruous to the concept and scheme of law of torts as such was required to be curbed at every level to ward off and thwart the flood of unwarranted litigation. (c) Khyber Pakhtunkhwa Civil Servants Act (XVIII of 1973)--- ----S. 23A---Khyber Pakhtunkhwa Government Servants (Efficiency and Discipline) Rules, 2011, R.21---Indemnity---Bar against suits---Nature and scope---Section 23-A of Khyber Pakhtunkhwa Civil Servants Act, 1973 supplied immunity against any suit, prosecution or other legal proceedings, to a civil servant for anything done in his official capacity, which in good faith was done or intended to be done under the said Act or Rules, instructions or directions made or issued thereunder---Section 23-A of Khyber Pakhtunkhwa Civil Servants Act, 1973 reflected that it started with non obstante clause which demonstrated its mandatory nature with addition of word "shall",…

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