Law: Civil Pioneer Force Ordinance, 1965

Section: 11

Civil Procedure Code (V of 1908)--- ----O.VII, R. 11---Rejection of plaint---Scope---"Malicious prosecution"---Ingredients---Scope---Plaintiff filed suit for damages on account of malicious prosecution but the plaint was rejected under O.VII, R. 11, C.P.C.---Appellate Court upheld the order of the Trial Court---Validity---Plaintiff had been acquitted in the criminal case on the basis of benefit of doubt---Ingredients for establishing suit for damages on account of malicious prosecution, were namely that the plaintiff was prosecuted by the defendant; the prosecution ended in plaintiff's favour; the defendant acted without reasonable and probable cause; the defendant was actuated by malice; the proceedings had withheld plaintiff's liberty and had also affected his or her reputation and the plaintiff had suffered damages---No question of prosecution without reasonable and probable cause arose in the present case---Petitioner's liberty was not allegedly curtailed by keeping him in custody---Court had not found the case against petitioner to be false---Particulars of damages were also not shown in the plaint---Trial Court had rightly rejected the plaint---Revision was dismissed. THIS JUDGMENT DELIVERED BY: KHADIM HUSSAIN M. SHAIKH, JUSTICE:---.--- This Revision Application is directed against judgment dated 31-03-2016, passed by the learned District Judge Umerkot, dismissing Civil Appeal No. 14 of 2015, re: Allah Rakhio v. Muhammad Usman and others, filed against the order dated 16-07-2015 and decree dated 23-07-2015, passed by learned 1st Senior Civil Judge Umerkot rejecting the plaint of the F.C. Suit No. 95 of 2014 re: Allah Rakhio v. Muhammad Usman and others under the provisions of Order VII, Rule 11, C.P.C. 2. Briefly, the facts of the case are that the applicant Allah Rakhio filed F.C. Suit No. 95 of 2014 for damages. The case of the applicant as set out in the plaint in brief is that an F.I.R. No. 26 of 2012, was lodged at Police Station Bhoro Naro against the applicant and others for offences under sections 147, 148, 149, 427, 504, P.P.C. by respondent No. 1 Muhammad Usman. The respondent No. 2 Wali Muhammad, who happened to be the son of respondent No. 1,…

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