| 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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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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