Law: Defamation Ordinance, 2002

Section: 3,12

(a) Defamation Ordinance (LVI of 2002)--- ----Ss.3 12---Defamation, Suit for---Period of limitation---Scope impugned the vires of handed down by Trial Court to the effect that the plaint instituted by the appellant was beyond the limitation period---Validity---Filing of suit within a period of six months after publication of defamatory matter coming to the knowledge of a person so defamed was clear and obvious from S.12 of the Defamation Ordinance, 2002---Notice, in the present case, was issued in the month of April whereas suit was filed in the month of November---Suit was filed beyond the period of limitation and since the appellant had not explained any good cause to rationalize the delay on his part nor had he sought the relief for condoning the delay by rendering explanation as to why he took such time, which precluded him from having recourse to the legal remedy, therefore, recording of evidence was not mandatory---When averments of the plaint were silent regarding the factum of suit being barred by limitation then recording of evidence could not be permitted---Plaint did not disclose any disputed question of fact for application of mixed question of fact and law nor was there any factual controversy as to the limitation period, to be set at rest in the suit---Appeal having no force was dismissed, in circumstance. Muhammad Asif and others v. State Life Insurance Corporation of Pakistan through Chairman and another 2018 CLD 239 and Agha Syed Mushtaque Ali Shah v. Mst. Bibi Gul Jan and others 2016 SCMR 910 ref. Muhammad Khan v. Muhammad Amin through L.Rs. and others 2008 SCMR 913 rel. (b) Defamation Ordinance (LVI of 2002)--- ----S.8---Defamation---Notice of action---Purpose---Scope---Rationale underlying the notice is to provide information with respect to the alleged action, infringement brought about by defendant and quantum of claim/damages---Mere dispatching the notice in a mechanical manner without disclosure of essential ingredients such as specific date of plaintiffs knowledge about the defamatory remarks, its source, the precise contents of defamatory remarks and explicit monetary claim, would not suffice as it could not be a true demonstration of…

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