Law:

Section:

Defamation Ordinance (LVI of 2002)--- ----S. 13 & Preamble---Trial of cases under Defamation Ordinance, 2002---Pecuniary jurisdiction of District Court under the Defamation Ordinance, 2002---Scope---Defamation Ordinance, 2000 was a special law and empowered the District Court to hear cases of defamation regardless of the amount of the claim involved, and a special law on a subject excluded general law on the same. Civil Suit No.264/2011; PLD 1981 Kar. 210; PLD 2011 Kar. 484; PLD 1961 Kar. 565; I.C.A. No.130 of 2012 Pakistan Herald Publications Private Limited and others v. Karachi Building Control Authority 2012 CLD 453 and Khadim Hussain and others v. Gul Hassan Tiwano and others 2013 CLD 981 ref. Pakistan Herald Publications Private Limited v. Karachi Building Control Authority 2012 CLD 453 and Khadim Hussain and others v. Gul Hassan Tiwano 2013 CLD 981 rel. THIS JUDGMENT DELIVERED BY: AAMER FAROOQ, JUSTICE:---.--- Through the instant petition, the Petitioner has assailed order dated 8.6.2013 passed by District Judge-West-Islamabad whereby the application under Order VII, Rule 10, C.P.C. filed by him was dismissed. 2. The facts, in brief, are that respondent No.1 filed a suit for recovery of Rs.500.00 Million as damages for alleged defamation against him by the petitioner before the District Judge-West-Islamabad under Defamation Ordinance, 2002. An application was moved by the Petitioner before the trial court under Order VII, Rule 10, C.P.C. for return of the plaint on the ground that since claim of respondent No.1 exceeds Rs.100.00 million, therefore, the High Court has the jurisdiction in the matter. The referred application was dismissed by the learned trial court vide the impugned order. 3. Learned counsel for the Petitioner, inter alia, submitted that the District Judge-West-Islamabad, has no jurisdiction to adjudicate the suit filed by respondent No.1. In this behalf it was submitted that the claim of respondent No.1 in the suit is for sum of Rs.500.00 million and under Section 13 of Defamation Ordinance, 2002 the jurisdiction to adjudicate such matters vests with the District Court; that though District Court is not defined in the Ordinance, 2002,…

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