Law: Evidence Act, (1 of 1872)

Section:

(a) Evidence Act (I of 1872), S. 123-Principle and scope --Privilege-Determination ofQuestion whether production of docu ment would be injurious to public, interest-Can best be determined by head of department, having custody of document than by Court -Case-lawfully discussed.   I. M. Lall v. Secretary of State A I R 1944 Lah. 209 and Emperor v. Ch. Raghunath Singh and others A I R 1946 Lah. 459 rel.   Jan Muhammad v. P. N. Razdon and others A I R 1944 Lah. 433 ; Duncan and another v. Cammell Laird& Company Limited 166 L T R 366 ; Mantubhal Mahta 1945 Bom. 122 ; Ijjat Ali Talukdar v. Emperor 1943 Cal. 539; Khawja Nazir Ahmad v. Emperor 1944 Lah. 434 ; Governor-General-in-Council v. Peer Muhammad Khuda Bux 1950 Pb. 228 ; Robinson v. The State of South Australia (No. 2) 1931 A C 704 ; Muhammad Hayat v. Crown P L D 1951 F C 14 ; Punjab v. Fazal Ahmad and another P L D 1953 Lah. 308 ; Ajab Gul v. The Crown P L D 1954 Pesh. 20 ; Crown v. Sultan Ahmad P L D 1955 Bal. 1 ; Crown v. Abdul Ghani P L D 1956 Lah. 300 ; Raja Muhammad Afzal Khan v. The Federation of Pakistan P L D 1957 Lah. 17 ; Hennessy v. Wright 21 Q B D 515 ; Asiatic Petroleum Company v. Anglo -Persian Oil Company 114 L T R 645 ; Spigelmann v. Hacker (1933) 150 L T R 256 ; Beatson v. Skene (1860) 2 L T R 381 ; Lords Commissioners of the Admiralty v. Aberdeen Steam Trawling and Fishing Company Ltd. 1909 S C 335 and Principles and Digest on the Law of Evidence by Monir (Second Ed.), p. 807 ref.   (b) Defamation - Action in tort - Existence of animus injuriandi essential-Burden of negativing animus on defendant --Person, in performance of his official duty and acting out of civil and moral sense, making statements alleged to be defamatory -Immune from being sued in tort.   Jenoure v. Delmege 1891 A C 73 (P C) and M. G. Perera v. Andrew Vincent Peiris and another P L D 1948 P C 280 rel. JUDGMENT   MUHAMMAD YAQUB ALI, J.-This is an appeal by Ch. Ghulam Ali (Plaintiff), Headmaster, M. B. High School, Tandlianwala, from the concurrent decrees of the Senior Civil Judge and District Judge, Lyallpur, dismissing his suit for recovery of Rs. 5,000 as damages from Ch. Abdul Hafeez,…