Law: Defamation Ordinance, 2002

Section: 13

Law: Civil Procedure Code (V of 1908)

Section: 9

(a) Defamation Ordinance (LVI of 2002)- ----S.13---Civil Procedure Code (V of 1908), S.9---Remedies under special and general laws---Ouster clause---Bar on jurisdiction---Civil Court ; concurrent jurisdiction of---Law of Torts; history in Pakistan---History of Tort and law of Defamation in Pakistan had been derived from the English common law---Before promulgation and introduction of the Defamation Ordinance, 2002, the defamation laws were actionable before the Civil Court under S.9 of C.P.C.---Defamation Ordinance, 2002 did not contain any ouster clause---Ordinance nowhere mentioned that the jurisdiction of the Civil Court would be barred with regard to the actions against defamation---Section 13 of the Ordinance, only prescribed the remedy to enforce the right, without ousting the general jurisdiction of the civil courts and did not preclude a person from initiating an action for damages under the law of Torts by filing a suit for damages under Civil Procedure Code, 1908---Any person aggrieved by any act of defamation had to select one of the two remedies i.e. under civil law or general law, however, after selecting anyone of the multiple remedies the other remedy would become completely barred---Appellants, in the present case, availed the option of filing of suit before the Civil Judge therefore, same was not against the law---Impugned order passed by the Trial Court was illegal and arbitrary, ultra vires, coram non judice and void and was declared to be not sustainable. Ch. Zulfiqqar Ali Cheema v. Farhan Arshad Mir and others PLD 2015 SC 134; Dr. Faiza Asghar v. Nighat Nasir Sheikh and others PLD 2017 Lah. 884; and Raees Ghulam Sarwar v. Mansoor Sadiq and 4 others PLD 2008 Kar. 458 ref. (b) Civil Procedure Code (V of 1908)- ----S.9---Ultimate jurisdiction of Civil Court---Scope---Civil Courts were courts of ultimate jurisdiction and should continue to assume jurisdiction in respect of all civil matters, unless their jurisdiction were expressly or impliedly barred. (c) Civil Procedure Code (V of 1908)--- ----O.VII, Rr.10(1), 11---Defamation Ordinance (LVI of 2002), Preamble---”Return” and “rejection” of…

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