Law:

Section:

(a) Defamation Ordinance (LVI of 2002)--- ----Ss. 6, 7 & 8---Civil Procedure Code 9V of 1908), S.35-A---Allegations made in judicial proceedings---Qualified privilege---Defamation---Damages, recovery of---Requirements---Service of notice upon the defendant---Limitation---Claim/suit of plaintiff was based on proceedings---No damages could be claimed on the basis of civil litigation even though based on mala fide intention---Plaintiff was bound to prove that before institut98on of suit he had served a notice within time on the defendant---Plaintiff had given a notice to the defendants prior to institution of suit but he had not mentioned a specific date and source of his knowledge in the plaint---Alleged allegations came in the knowledge of plaintiff on the day he served the defendants with a legal notice---Plaintiff should have served notice upon the defendants within two months of the knowledge of allegations---Legal notice had been served after lapse of more than two months---Present suit was not maintainable as notice had not been served properly and legally---Statements or any judicial proceeding were qualified privileged statements---No action would lie in such like cases---Proceeding son the basis of which plaintiff had based his claim were pending adjudication before a competent court of law---Suit at the time of its inception was premature---No action could be claimed on the basis of a sub judice case---Suit could be dismissed with special compensatory cost if it was found to be mala fide and fraudulent---Impugned and decree passed by the Trial Court were set aside---Suit filed by the plaintiff was dismissed---Appeal was allowed in circumstances. 2007 CLC 1174; 2006 YLR 1623; PLD 1954 Sindh 70 and AIR 1939 Cal. 477 ref. (b) Defamation Ordinance (LVI of 2002)-- ----S. 8---Defamation---Damages, recovery of---Notice---Limitation---Notice had to be served upon the defendant within two months of knowledge of allegations. (c) Civil Procedure Code (V of 1908)--- ----S. 35-A---Special cost---Scope---Suit could be dismissed with special compensatory cost if it was found to be mala fide and fraudulent. JUDGMENT MUHAMMAD GHAZANFAR KHAN, J.--By way of this…

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