| Citation(s) |
|---|
| 2019 SLG 2731 2019 SLD 2731 2019 PLJ 90 |
Quetta High Court
R.F.A. No. 47 of 2014, decision Dated: 12.01.2018. hearing Dated: 07.12.2017.
MUHAMMAD HASHIM KHAN KAKAR, JUSTICE ABDULLAH BALOCH, JUSTICE
Petitioner(s) by: Mr. Mehrab Khan Gichki, Advocate
Respondent(s) by: Mr. Abdul Hameed Baloch, Advocate
R.F.A. No. 47 of 2014, decision Dated: 12.01.2018. hearing Dated: 07.12.2017.
MUHAMMAD HASHIM KHAN KAKAR, JUSTICE ABDULLAH BALOCH, JUSTICE
Petitioner(s) by: Mr. Mehrab Khan Gichki, Advocate
Respondent(s) by: Mr. Abdul Hameed Baloch, Advocate
GHULAM QADIR AND ANOTHER
VS
MUHAMMAD ALI AND OTHERS
Law: Defamation Ordinance, 2002
Section: 3,115
Defamation Ordinance, 2002-- ----Ss. 3 & 115--Suit for defamation and damages--Dismissed--Publication in newspapers--Pendency of litigation between appellants and Respondent No. 1--Professional attorney--Involvement in frivolous litigations--Appreciation of evidence--Challenge to--It is pertinent to mention here that publication was appeared in newspaper of Respondents Nos.5 to 6, but no rebuttal whereof appeared from side of appellants and prima facie from perusal of contents of publication no material of damages of reputation and humiliation would arise--Even otherwise, according to statements of both sides it was categorically appeared and admitted that there are certain litigations are/were also pending in between appellants and Respondent No.1--District Bar Association Mekran at Turbat passed a resolution unanimously bearing signatures of 16 Advocates including learned counsel for appellants dated 17.01.2003, wherein a letter Ex.P/3-A along with Ex.P/3-B addressed to District and Sessions Judge, Turbat against professional attorneys to be restrained for being attorney on basis of fake power of attorneies and list whereof also attached and Ex.P/3-D containing name of Appellant No.1 Ghulam Qadir is one among professional attorney--It is pertinent to mention here that Appellant No.2 Abdul Qadir is also son of Appellant No.1 Ghulam Qadir consequence whereupon such application District Judge, Mekran issued a list of attorneies, wherein declared them as professional attorneies, name of Appellant No.1 Ghulam Qadir appearing at Serial No.15 being a professional attorney of Qazi Court Gwadar--Appellant No.1 father Appellant No. 2 was categorically declared as professional attorney being involved in a frivolous litigations and said index issued by learned District and Sessions Judge, Mekran at Turbat i.e. 24.09.2003 is still in field and nowhere assailed by Appellant No. 1, as such, issue No. 2 was proved against appellants--In view of above, there is no need of further discussion of rest of issues with regard to well reputation of appellants, as such, learned trial Court after proper appreciation of evidence had rightly dismissed suit of appellants--Learned…
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