Law: Defamation Ordinance, 2002

Section: 8,15

Law: Constitution of Pakistan, 1973

Section: 19

(a)  Defamation Ordinance (LVI of 2002)---

----Ss. 8 &15---Civil Procedure Code (V of 1908), O. VII, R. 11---Suit for recovery of damages on account of defamation---Rejecting of plaint---Principle---Misjoinder and non-joinder of necessary parties---Filing of suit---Locus standi--- Appellant/plaintiff was Vice-Chancellor of university who had filed suit in her name on the basis of news item published in a newspaper wherein it was alleged that university officials filled foreign reserved seats with candidates under local self-finance scheme---Appellant/plaintiff filed suit only against reporter of the newspaper in question and not against owner or chief editor of newspaper in question---Trial Court rejected the plaint under O. VII, R. 11, C.P.C.---Validity--- Sole prerequisite is that Court before making a decision or forming an opinion, must analyze averments made in plaint---Contents of written statement are not to be examined and put in juxtaposition with plaint to ascertain veracity or fallacy of averments in plaint---Court is not tasked with adjudicating correctness of plaint or written statement---Initiation of filing suit was not in accordance with law under which appellant/plaintiff was subjected---In the suit neither owner of newspaper nor chief editor was made party---Suit was hit by misjoinder and non-joinder of necessary party and was barred by law---High Court declined to interfere in the order passed by Trial Court---Appeal was dismissed, in circumstances.

Anees Haider and others v. S. Amir Haider and others 2008 SCMR 236; Haji Allah Bukhsh v. Abdul Rehman and others 1995 SCMR 459; Jewan and 7 others v. Federation of Pakistan 1994 SCMR 826; Muhammad Saleemullah and others v. Additional District Judge, Gujranwala PLD 2006 SC 511; Saleem Malik v. Pakistan Cricket Board PLD 2008 SC 650; S.M. Shafi Ahmed Zaidi v. Malik Hasan Ali Khan 2002 SCMR 338; Pakistan Agricultural Storage and Services Corporation Limited v. Mian Abdul Lateef and others PLD 2008 SC 371; Salamat Ali v. Khairuddin 2007 YLR 2453 and Arif Majeed Malik and others v. Board of Governors Karachi Grammar School 2004 CLC 1029 rel.