Law:

Section:

(a) Malicious prosecution--- ----Damages--- Scope--- Proof--- Defendant had filed different applications before different forums against plaintiff in result of which plaintiff filed suit for damages---Validity---Filing of an application/ complaint did not earn right of filing a suit for damages because it did not fulfil the term "prosecution" which necessarily require commencement and carrying out of any action or scheme---Pleadings of plaintiff had made it clear that complaint made by defendant was pending adjudication---Suit for damages was not sustainable on such ground alone---Plaintiff nowhere gave details of special damages nor classified the claimed amount as general damages---Revision was dismissed. (b) Malicious prosecution--- ----Damages---Ingredients---Person claiming damages had to establish firstly, that he was prosecuted secondly, prosecution ended in his favour thirdly, prosecution was without reasonable and proper cause and lastly, prosecution was malicious one---First two ingredients were required to maintain suit for damages while later two ingredients would be opened to be proved by respective parties as per their respective claims. (c) Malicious prosecution--- ----Civil litigation---Scope---One could sue for being prosecuted in civil legal process for recovery of damages under "malicious prosecution" but ingredients shall be the same. Abdul Majeed Khan v. Tawseen Abdul Haleem 2012 PLC (C.S.) 574 and Gregory v. Portsmouth Council (2001) 1 ALL ER 560 rel. (d) Words and phrases--- ---"Prosecution"---Meaning. Black's Law Dictionary, 9th Edition (e) Words and phrases--- ---"Damages"---Meaning. Black's Law Dictionary, 9th Edition (f) Words and phrases--- ---"Defamation"---Definition. THIS ORDER PASSED BY: SALAHUDDIN PANHWAR, JUSTICE:---.--- Through instant application i.e. C.M.A. No. 382 of 2016 (application under Order XXXIX, Rules 1 and 2, C.P.C. r/w section 151, C.P.C.), the plaintiff prays as under:-- " to grant interim-injunction during pendency of the suit restraining the Defendant from filing false and frivolous applications against the plaintiff to the authorities." 2. Succinctly, facts as set out in the plaint are that plaintiff is Chief…

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