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Defamation Ordinance, 2002 (LVI of 2002)-- ----S. 3--Civil Procedure Code, (V of 1908), O. XVII, Rr. 2 & 3--Suit for Damages--No opportunity of hearing for producing evidence--Press conference--Footage played on news channels--Membership denied by Chamber of commerce--Written statement--List of witness--Right of evidence was closed--Decreed--Challenge to--Order and decree of trial Court clearly reveals that trial Court on failure of appellant for recording statement, straightaway decreed suit without discussing issues on basis of evidence on record--It is important to mention here that trial Court has passed decree within provisions of Order XVII Rule 3, C.P.C. as revealed from order sheets of trial Court due to reason that appellant (defendant) had failed to produce evidence or record his statement--Record of case further reveals that after framing of issues, respondent/ plaintiff produced 17 witnesses, but trial Court neither discussed issues nor decided matter on basis of evidence on record and simply decreed suit in favour of respondent as prayed for with direction to appellant to pay Rs.5 Billion as damages for leveling unfounded, frivolous, fictitious and malicious allegations against him with cost of suit--Trial Court in instant case had refused adjournment and decided suit forthwith--Term "decide forthwith" reference to decision (if there is evidence on record) within meaning of Sub-rule (2) of Rule 4 of Order 20, C.P.C and section 2 and Sub-section (9) of section 2 as well as Sub-rule (2) of Rule 4 of Order 20, C.P.C.--Decision referred in the aforesaid provision means judicial determination in accordance with evidence before the Court--Order XVII Rule 3, C.P.C. contemplates that the Court has to decide the suit, which means material and evidence brought on record is to be considered in order to decide suit, if there is no evidence, then Court may proceed same either under Rule 2 or Rule 1 of Order XVII, C.P.C.--It is settled clause that if facts set out in plaint are treated to have been admitted, a and decree cannot be possibly passed without requiring plaintiff to prove fact pleaded in plaint--It is only when Court for recording reason and is…

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