Law:

Section:

Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979)-------S. 3--Limation Act (IX of 1908), Arts. 24, 25 & 120---Civil Procedure Code (V of 118), O. VII, R. 11---Suit for recovery of damages on account of Qazf---Limitat---Application for rejection of plaint---Date from which period of limitation would start running would be the date on which allegation of Zina levelle by defendant against plaintiff was proved baseless and not the date on which manipulation of Zina was made for on such date it was yet to be proved whether such allegations were right---Allegations of Zina were made by defendant against plaintiff initially on 27-12-1987 and then on 31-5-1988 during course of liti0on between the parties---Criminal complaint was lodged by defendant on basis of such allegation which culminated into conviction of defendant by Federal Shariat Court---Right to sue thus, accrued to plaintiff on 28-7-1992 when of Federal Shariat Court was announced resulting in conviction of defendant on allegation of Qazf---Articles 24 and 25, Limitation Act would not apply for they relate to libel and slander---Suit had been filed for recovery of damages on account of Qazf which bears special meaning and covers false accusation of Zina, whereas terms `libel` and "slander" are general in terms and wide in scope of application---There being no special Article for cases of Qazf, residuary Art. 120, Limitation Act, 1908 would be applicable and period of limitation for purpose of filing of suit would be the date of of Shariat Court i.e. 28-7-1992---Suit filed within one month from such date was thus, within time---Plaint being within time could not be rejected in terms of Cl. (d) of O.VII, R.11, C.P.C. Sultan Mahmood Khan v. Tufail Ahmed and others NLR 1980 AC 450; Karachi parsi Cooperative Housing Society v. Karachi Municipal Corporation 1975 SCMR 368; Government of Azad Jammu and Kashmir v. Safdar Hussain shah PLD 1969 Azad J&K 1 Mst. Sardar Jan v. Abdul Majid PLD 1965 (W.P) Pesh. 5 and Black's Law Dictionary, Sixth Edn. ref. Mumtaz Hussain Shah for Plaintiff. Usman Ghani Rashid for Defendant./Applicant. ORDER CMA No. 3818/93 is an application under Order VII, Rule 11,…

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