Law:

Section:

Tort------- Suit for damages for insult and humiliation---Both the Courts below had examined the matter in its true perspective with reference to evidence available on the file and had rightly concluded concurrently that plaintiff had successfully made out a case justifying his claim for damages as he was insulted/humiliated, without there being any fault or omission on his part and that his reputation was badly impaired/injured---Concurrent findings of fact of Court below deriving force from the evidence, neither being perverse nor arbitrary, were immune from further scrutiny in revisional jurisdiction---Revision petition was dismissed in circumstances---Civil Procedure Code (V of 1908), S.115. Chaudhry Riaz Ahmad for Petitioner. ORDER This revision petition is directed against the judgment and decree of the learned Additional District Judge, dated 25-2-2004 whereby he had affirmed the judgment and decree of the learned trial Court, dated 23-4-2003 by which suit of the respondent for recovery of Rs.25,000 by way of damages was decreed against the petitioners. 2. Imran Mehmood Akhtar, the plaintiff (hereinafter called the respondent), an Advocate by profession and an account-holder of petitioners' Bank for the last more than 20 years, issued a cross-cheque of Rs.9,500 in favour of Mobilink Mobile Phone Company for the payment of price of a mobile phone but this cheque was dishonoured with the objection, "refer to drawer". Whereupon the representative of the Mobile Phone Company insulted the respondent and took him as a cheat and dishonest person, however, later on, this cheque was honoured with some reluctance by the petitioners. The conduct of the petitioners has obliged the respondent to institute a suit for recovery of Rs.25,000 by way of damages on the grounds detailed in the plaint. This suit was vehemently resisted by the petitioners and the learned trial Court framed the following issues:-- (1) Whether the suit is not maintainable in its present form, as such same is liable to be dismissed? OPD (2) Whether the plaintiff has got no cause of, action to bring this suit? OPD (3) Whether due to the act of defendants the reputation of plaintiff has been…

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