Law:

Section:

Tort------- Frivolous litigation---Suit for damages---Quantum of damages, determination of---Plaintiff filed suit for damages to recover Rs.50,00,000 from defendant claiming that she had sustained heavy loss and faced agonies due to frivolous litigation of defendant against her--­Validity---No yardstick existed to measure or assess actual quantum of damages in respect of mental torture sustained by plaintiff while facing agonies of a frivolous litigation against her---In order to prove the expenditure incurred on such litigation, a party could place on record details of such expenditure, but in the present case no specific evidence was available on that point---Even if plaintiff failed to prove actual quantum of damages, her suit was not to be dismissed on that ground as Court itself was competent in circumstances to ascertain quantum of damages---Keeping in view the facts and circumstances which had given rise to the present suit, particularly the fact that plaintiff who was a Pardanashin lady belonging to a respectable family, was dragged by defendant' and she had to face the agony of such frivolous litigation for a number of years before various Courts in order to vindicate and safeguard her right of property, family prestige and reputation, Court concluded that ends of justice would meet if suit of plaintiff be decreed and she be awarded an amount of Rs.10,00,000 as damages to be paid by defendant to her---Suit was decreed accordingly. Muhammad Sharif V. Nawab Din and another PLD 1957 (W.P.) Lah. 283 and Pakistan Industrial Development Corporation v. Aziz Qureshi PLD 1965 (W.P.) Kar. 202 ref. Mirza Waqar Hussain for Plaintiff. Nemo for Defendant. Date of hearing: 2nd April, 2001. JUDGMENT The plaintiff has filed this suit for damages of Rs.50,00,000 to be recovered from the defendant. It is the case -of the plaintiff that she is hailing from a very respectable family being wife of Syed Aftab Ahmed Zaidi who had worked on very prestigious posts as Director of National Investment Trust (N.I.T.); Governor, Overseas Foundation; Chairman; Executive Committee of Equity Participation Fund; Founder Member of Sir Syed University of Engineering and Technology,…

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