Law:

Section:

(a) Suit for damages--Suit for recovery of damages---Exercise of official authority--- Mala fide acts--- Rule of thumb--Applicability---Plaintiff was civil servant who suffered on account of official orders passed by defendant which were based on mala fide---Trial Court and High Court dismissed the suit filed by plaintiff---Validity---Orders passed by defendant were reversed by competent authority and those were found to be passed unauthorizedly---Plaintiff had brought on record a number of official documents through custodian of the record, which documents were neither objected to nor their contents were challenged by defendants before Trial Court at evidence stage---Plaintiff though had failed to quantify the damages claimed by him as required under the law, as such the same did not mean that plaintiff was not entitled to grant of general damages under the rule of thumb on the face of material brought on record by him during trial---Plaintiff was entitled to grant of general damages for mental agony which he had suffered on account of the conduct of defendant---Plaintiff pleaded specific instances to establish personal vengeance against defendant on account of which he claimed to have suffered losses and mental agony---Pleadings and evidence brought in support of claim of damages by plaintiff were sufficient to award general damages to plaintiff against defendant--- Supreme Court set aside the s and decrees passed by Trial Court and High Court and partly decreed the suit in favour of plaintiff---Plaintiff was entitled for damages to the tune of Rs.100,000 with mark up at the rate of 10% till the date of recovery of the amount---Appeal was allowed. Per Iftikhar Muhammad Chaudhry, C.J. agreeing with Amir Hani Muslim, J-- (b) Damages--- ----'General damages' and 'special damages'---Distinction---Term 'general damages' refers to special character, condition or circumstances which accrue from immediate, direct and approximate result of wrong complained of---Similarly term 'special damages' is defined as actual but not necessary result of injury complained of---Special damages follow as a natural and approximate consequence in a particular case by reason of special…

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