Law: Code Of Civil Procedure, 1908.

Section: 9,100,Order XII Rule 6

Law: Limitation Act, 1908

Section: 24,25

Summary This Second Appeal arose from a defamation claim filed by the respondent/plaintiff against the appellant/defendant for damages of Rs.15,00,000, alleging that a complaint submitted by the appellant led to suspension, compulsory retirement, and reputational loss. The trial court dismissed the suit, holding it barred by limitation under Articles 24 and 25 of the Limitation Act, 1908, and that the essential ingredients of defamation, including publication to a third party, were not proved. The first appellate court reversed this decision, allowing the appeal, condoning delay, and permitting the respondent to retain amounts recovered in earlier execution proceedings. The appellant filed a second appeal, arguing misreading of evidence, incorrect application of law on limitation, and improper exercise of appellate jurisdiction. The High Court restored the trial court’s judgment, holding that: The cause of action for defamation accrues on the date of publication (08.04.2000), not on reinstatement or exoneration. Submission of a complaint to a competent authority does not constitute defamation unless published beyond lawful channels with malice. The first appellate court misapplied law, misread evidence, and incorrectly allowed retention of amounts recovered. The appellant was not responsible for departmental proceedings; PQA was the proper party. The second appeal was therefore allowed, restoring the trial court’s judgment dated 31.07.2019. Sections / Laws Used Section 9, CPC – Jurisdiction / suit for damages Section 100, CPC – Substantial question of law for second appeal Order XII Rule 6, CPC – Summary decree Articles 24 & 25, Limitation Act, 1908 – Limitation for libel/slander suits Article 120, Limitation Act, 1908 – Residuary provisions (misapplied) Constitutional Petition No.D-3213/2012 – Prior remand order 2 Two-Word Descriptions Defamation / Limitation Judicial / Misreading       J U D G M E N T This Second Appeal is directed against the judgment and decree dated 14.01.2023, passed by the learned District Judge, Malir, Karachi, whereby Civil Appeal No.110/2019 was allowed, the judgment…