| Citation(s) |
|---|
| 1997 SLG 756 1997 SLD 756 1997 CLC 1141 |
Lahore High Court
Civil Revisions Nos. 3208-D to 3210-D of 1996, decision dated: 20th January 1997
MUHAMMAD ISLAM BHATTI, J
Ch. Abdul Waheed for Petitioner
Civil Revisions Nos. 3208-D to 3210-D of 1996, decision dated: 20th January 1997
MUHAMMAD ISLAM BHATTI, J
Ch. Abdul Waheed for Petitioner
FAZAL ALI BAIG
VS
SULTAN MAHMOOD ALI KHAN
Law:
Section:
(a) Tort------- Damages for malicious prosecution---Two Courts below on basis of evidence on record had dismissed suit for damages against malicious presecution---Both Courts below had given concurrent findings of fact and there was no good reason to interfere with them in revisional jurisdiction---Appellate Court beiipg Court of facts was quite competent to believe/disbelieve evidence disbelived/believed by Trial Court---Appellate Court had applied its mind and had given good reasons in support of conclusion arrived at by it--Revisions being without merits were dismissed in circumstances.--- [Damages].PLD 1970 Kar. 346 and Muhammad Tufail v. Ghulam Ullah and others 1991 MLD 53 rel. Muhammad Tufail v. Ghulam Ullah and other 1991 MLD 53 and Abdul Razzaq v. Abdul Rauf and another PLD 1986 Kar. 476 ref. (b) Malicious prosecution--- ---- Suit for damages for malicious prosecution---Neither copy of of Magistrate whereby plaintiffs were acquitted was placed on record nor copy of First Information Report was produced in Court---Reference to order of Magistrate, however, showed that plaintiffs were acquitted only for nonappearance of Investigating Officer and non-production of case property---Order of acquittal, thus, did not indicate that prosecution case was malicious or baseless---Plaintiffs failed to place before Court any documentary evidence brought on record and also failed to prove that defendants had initiated malicious prosecution against them or that First Information Report registered against them was false---Judgments and decrees of Courts below dismissing plaintiff's suit was affirmed in circumstances PLD 1970 Kar. 757; 1984 CLC 325 and Abdul Razzaq v. Abdul Rauf and another PLD 1984 Kar. 476 ref. ORDER All three civil revisions (C.R. No. 3208-D/96, C.R.3209-D/96 and C.R. 3210-D/96) arise out of the same facts and circumstances and, as such, are intended to be disposed of by this single judgment. 2. The facts as they can be gathered from the documents certified copies of which have been placed by the petitioners on record, briefly stated, are that Mirza Muhammad Usman Baig petitioner (in C.R. No.3209-D/96) was in possession of an evacuee property in…
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