Law: Defamation Ordinance, 2002

Section: 3,4,10

Law: Civil Procedure Code (V of 1908)

Section: 11

Defamation Ordinance (LVI of 2002)---.--- ---.----Ss. 3, 4 & 10---.---Civil Procedure Code (V of 1908), O.VII, R.11---.---Suit for damages on ground of defamatory publication---.---'Defamation', definition of---.---Rejection of plaint---.---Validity---.---Code of Civil Procedure, 1908 and Qanun-e-Shahadat, 1984---.---Applicability---.---Suo motu rejection---.---Permissibility and object---.---Defamation Ordinance, 2002, although did not contain any provision regarding summary dismissal/rejection of plaint, but S.10 of the Ordinance provided that C.P.C. and Qanun-e-Shahadat, 1984 would mutatis mutandis apply to the proceedings under the Defamation Ordinance, 2002---.---Court, therefore, applying the provisions of O.VII, R.11, C.P.C. at any time could reject the plaint, and said provisions could be invoked without waiting an application from the defendant's side, where the provisions were attracted in the opinion of the court---.---Wisdom behind said provision was to save the parties from the agony of frivolous litigation---.---Appeal against the decree was dismissed in circumstances. 2012 CLC 773 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD GHAZANFAR KHAN, JUSTICE:---.--- Appellant Abdul Rashid, through the instant regular first appeal, being filed under Section 15 of the Defamation Ordinance, 2002 read with Section 96 C.P.C., has impugned the judgment dated 14.4.2010, rendered by learned Additional District Judge-VI. D.I. Khan, whereby suit of the appellant-plaintiff for recovery of Rs:10 Millions, was dismissed by the trial Court. 2. Brief facts of instant appeal are that the appellant-plaintiff had instituted a suit for damages against the respondents-defendants in the Court of District Judge, D.I. Khan. wherein it has been urged that because of defamatory publication, appellant had sustained loss to his reputation which underestimated him in the society. The suit was contested by respondent-defendant No. 1 who submitted written statement. The learned trial Court out of divergent pleadings of the parties, framed as many as six issues excluding the relief. During course of appellant's evidence, the learned trial Court vide its impugned judgment dated…

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