Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11

(a) Civil Procedure Code (V of 1908)-------O. VII, R.11---Rejection of plaint---Malicious prosecution---Damages---Rejection---Discharge from criminal case---Plaintiff was involved in criminal case but he was discharged from the case on the ground that a civil suit on the same subject was pending between the same parties before civil Court---Plaintiff filed suit for recovery of damages on the plea of malicious prosecution---Trial Court as well as Appellate Court rejected the plaint---Validity---Discharge of plaintiff was only till the pendency of proceedings in his own suit, on the basis of agreement to sell which had also been claimed to be forged/fake---Criminal proceedings against plaintiff neither ended by his acquittal nor those were terminated by any other means---Discharge from the criminal case did not equip the plaintiff with a right to file suit for damages against the complainant and the witnesses---Criminal proceedings against plaintiff had only been suspended till the decision by civil Court which could be reactivated under the final verdict of civil Court---Suit for damages filed by plaintiff did not disclose any cause of action, thus the same was correctly rejected under O. VII, R.11 C.P.C.---Both the Courts below did not commit any illegality/irregularity amenable to revisional jurisdiction of High Court---Revision was dismissed in circumstances. Ashiq Hussain v. Sessions Judge, Lodhran and 3 others PLD 2001 Lah. 271 rel. (b) Acquittal--- ----Discharge and acquittal-Distinction-Discharge of accused any of kind cannot be equated with acquittal of accused, as there is a marked difference between the two. Abdul Sami Khawaja for Petitioner. Tanvir Ashraf for Respondent. ORDER MUHAMMAD MUZAMMAL KHAN, J.---This judgment proposes to decide four civil revisions, one in hand and the other Civil Revision 1747, Civil Revision 1748 and Civil Revision 1749 of 2005, as all these petitions arise out of similar circumstances, raise alike question of law/facts and require interpretation of same provisions of law, All these petitions challenged the judgments/orders dated 25-9-2004 and 21-3-2005 passed by the learned Civil Judge and the learned Additional District…

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