Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----S.11---Res judicata, doctrine of---Essential principles---Essential principles of res judicata are that a relief which is or which can be claimed and prayed for by a litigant, through one recourse to law, cannot be claimed or prayed for again by the sane litigant before same forum---Principle of res judicata aims to save the court from being vexed repeatedly by a litigant for the same relief or for a relief which could have been claimed or prayed for by him in earlier action---In order to support plea of res judicata, former decision must have been on merits of question in issue in subsequent litigation and it should be inter se parties having same cause of action, subject-matter and claim---If anyone of such elements is missing, provisions of S.11 C.P.C. would not be applicable---Principle of doctrine of res judicata is that judgments and decrees bind only the parties. Malik Gul Hassan and Co v. Federation of Pakistan through the Secretary, Ministry of Health Islamabad and 9 others 1995 CLC 1662 ref. (b) Civil Procedure Code (V of 1908)--- ----O. VII, R.11---Rejection of plaint---Disputed questions of fact or law---Effect---In case of controversial questions of fact or law, provisions of O. VII, R.11, C.P.C. cannot be invoked---Proper course for court in such cases is to frame issue on such question and decide the same on merits in the light of evidence in accordance with law---Court may, in exceptional cases, consider legal objection in the light of averment of written statement but pleadings as a whole cannot be taken into consideration for rejection of plaint under O. VII, R. 11, C.P.C. Karachi Transport Corpn, and another v. Muhammad Hanif and others 2009 SCMR 1005; Jewan and 7 others v. Federation of Pakistan through Secretary, Revenue, Islamabad and 2 others 1994 SCMR 826 and Saleem Malik v. Pakistan Cricket Board PCB and 2 others PLD 2008 SC 650 ref. (c) Defamation Ordinance (LVI of 2002)--- ----S.3---Constitution of Pakistan (1973), Arts. 14 & 19---Defamation---Dignity of man---Freedom of speech---Principles---Freedom of expression is one of those fundamental rights which are considered to be the corner…