Law: Defamation Ordinance, 2002

Section: 4

Law: Pakistan Penal Code, 1860

Section: 379,411

Law: Criminal Procedure Code (V of 1898)

Section: 22-A(6),156(3)

Law: Civil Procedure Code (V of 1908)

Section: 96

Defamation Ordinance, 2002 (LVI of 2002)-- ----S. 4--Civil Procedure Code, 1908--S. 96, Suit for recovery of damages as malicious prosecution--Dismissed--Lodging of FIR--Acquittal--Appeal--Dismissed--Determination of damages--Powers of Court to award general damages--Challenge to--Learned trial Court has referred to legal notice available on record and held that without service of legal notice a suit for malicious prosecution cannot proceed--Appellants have duly referred in Para-5 of plaint that respondent was served through a legal notice--Appellants have produced Registry Clerk, GPO, D.I.Khan to prove that legal notice was duly sent through registered letter acknowledgment due and this was sufficient compliance regarding service of legal notice--Where appellants have claimed certain amount as damages Court is empowered to award general damages keeping in view facts and circumstances of case--Trial Court thus even in absence of any method to determine a fair assessment of damage, was still under obligation to decide an amount of money as compensation keeping in view facts and circumstance placed on record by appellants--Thus, this Court while going through evidence led by parties and agonies of appellants in facing trial would assess and allow general damages under Rule of Thumb and grant a decree to tune of Rs. 10,00,000/- (Rupees ten lac) to appellants--Appeal was allowed. 2013 SCMR 507, 2012 CLD 6 SC, 2018 MLD 1268 & 2016 MLD 233, ref. THIS JUDGMENT DELIVERED BY: IJAZ ANWAR, JUSTICE---.-- Through this appeal under Section 96 of the Civil Procedure Code, 1908, the appellants have assailed the judgment and decree dated 29.01.2016, passed by learned Civil Judge-VIII, D.I.Khan, whereby their suit for recovery of Rs. 2,50,00,000/- as damages was dismissed. 2. The brief facts of the case are that the appellants filed a suit against the respondent for recovery of Rs. 2,50,00,000/- as damages on account of malicious prosecution, defamation, mental torture, harassment, monetary and business loss. The respondent was summoned, who appeared and contested the suit by filing his written statement. From the pleadings of the parties, the learned Civil Judge-VIII,…

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