Law:

Section:

Malicious prosecution--- ----Suit for damages---Non-appearance of plaintiff as witness---Scope assailed the dismissal of her suit wherein she had claimed damages in respect of false and frivolous suits filed by the respondents coupled with mental torture and tensions, etc---Validity had claimed Rs.80 million as damages yet not produced any documentary proof or details of damages caused to her rather only produced documents in respect of pending litigation between the parties---Apart from other questions of fact the suit was liable to be dismissed on the ground that the appellant herself had not opted to appear before the trial court as witness to prove the contents of plaint---Only appellant could have personally deposed about the alleged damage caused to her reputation while the attorney could not depose about the personal feelings of the appellant---Trial Court while dismissing the suit for damages had rightly observed that the essential ingredients i.e. termination of proceedings in favour of plaintiff, initiation of proceedings without probable cause and causing damages to the appellant were missing---Appeal was dismissed. Muhammad Akram v. Mst. Farman Bibi PLD 1990 SC 28 and Messrs Mehran Electronics Company through Partner v. National Bank of Pakistan 2017 CLD 1642 rel. ORDER The instant Regular First Appeal has been filed against the judgment and decree dated 25.06.2016 passed by Civil Judge, Lahore whereby the suit for damages filed by the Appellant was dismissed. 2. Relevant facts of the case are that the Appellant filed a suit for damages against the Respondents. After recording of evidence, the suit was dismissed on the ground that the Appellant failed to prove the damages caused to her. The said judgment and decree has been challenged by the Appellant through present appeal. 3. This appeal was admitted for regular hearing on 12.01.2017. Despite service of notice and subsequently citation in the press, the Respondents did not opt to appear before the Court, hence they were proceeded against ex-parte vide order of this Court dated 25.04.2017. 4. Learned counsel for the Appellant inter alia contended that while passing impugned judgment and decree, the…

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