Case Details

Citation(s)
2011 SLG 572 2011 SLD 572 2011 CLC 401
Sindh High Court
Civil Revision Application No. 140 of 2009 and C.M.As. Nos. 3525, 3415 of 2010, decision dated: 6-10-2010
AQEEL AHMED ABBASI, J

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Capt. Syed SHAHRUKH ABBAS--Applicant

VS

Aga FAQUIR MUHAMMAD and 3 others

Law: Civil Procedure Code (V of 1908)

Section: O.I,R.10,13

Law: Civil Procedure Code (V of 1908)

Section: O.I,R.10,13

Law: Defamation (Amendment) Act, 2004

Section: 2(iii)(dd),14,15

(a) Civil Procedure Code (V of 1908)-------O. I, Rr. 10 & 13---Defamation Ordinance (LVI of 2002), Ss.14 & 15---Defamation---Necessary or proper party---Scope---Court's power to strike out or add parties---Power of adding party to proceeding was not a question of initial jurisdiction but of discretionary jurisdiction and such power had to be exercised in view of facts and circumstances of each case---Party without which no effective decree could be passed was a necessary party---Person against whom no relief was sought or against whom no relief could possibly be granted was not a necessary or proper party---Plaintiff sought relief against defendant for issuing defamatory e-mail and raised no grievance against the proposed intervenor---No issue had been formulated which could justify the inclusion of proposed intervenor nor any ground was raised by the defendant/applicant through application under O.I. R.10, C.P.C.-Cases filed under Defamation Ordinance, 2002 were required to be disposed of expeditiously---No valid ground was raised by defendant who failed to point out any illegality in the impugned order warranting interference by High Court---Re visional was dismissed in circumstances. Hidayat Ullah v. Zahir Muhammad and 5 others PLD 2005 Pesh. 184; Islamic Republic of Pakistan v. Abdul Wali Khan PLD 1975 SC 463; Pakistan Banking Council and another v. Ali Maohtaram Naqvi and another 1985 SCMR 714; Allah Dino and another v. Muhammad Shah and others 2001 SCMR 286 and Said Muhammad v. Sher Muhammad and 2 others 2001 MLD 1546 ref. (b) Defamation Ordinance (LVI of 2002)--- ----Ss. 14 & 15---Scope---Cases filed under Defamation Ordinance, 2002 were required to be disposed of/decided expeditiously. Rehman Aziz Malik for Applicant. Fasih-uz-Zaman Abbasi for Respondents Nos. 1 to 3. ORDER AQEEL AHMED ABBASI, J.---Through instant revision, the applicant has impugned the order dated 18-5-2009 passed by the VIIth Additional District Judge (South) Karachi in Civil Suit No.31 of 200$, whereby an application under Order I, Rule 10, C.P.C. filed on behalf of applicant/defendant, has been dismissed. The respondents Nos.1 to 3 have filed parawise reply/objections…
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