Law: Defamation Ordinance (LVI of 2002)

Section: 13

Law: Defamation Ordinance (LVI of 2002)

Section: 13

Defamation Ordinance (LVI of 2002)-------S. 13--Civil Procedure Code (V of 1908), S.115 & O.VII, R.10---Suit for recovery of damages on account of defamation---Return of plaint by Additional District Judge on the ground that issue pertained to jurisdiction of Banking Court---Petitioner had contended that District Judge had exclusive jurisdiction under S.13 of Defamation Ordinance, 2002 and that plaint had wrongly been returned---Validity---Petitioner was a guarantor in a finance granted to borrower and being a guarantor, leasing company was entitled to issue a notice for recovery and demand and that notice could not be construed to have caused defamation---Order returning plaint passed by Additional District Judge, seemed to be proper. Arshad Jamal Siddique for Applicant. Amir Mansoor Qureshi for Respondent No.1. ORDER MUNIB AHMED KHAN, J.---Through this revision order of the learned Vth Additional District Judge has been challenged. The contention between the parties is that the applicant filed a suit for recovery of damages of Rs.5 million on account of defamation under Defamation Ordinance, 2002, but the plaint has been returned by the learned Vth Additional District Judge by its order dated 7-1-2006 on the ground that since the issue pertains to the jurisdiction of Banking Court, therefore, that Court has no jurisdiction. Mr. Arshad Jamal Siddique learned counsel for the applicant submits that the District Judge has exclusive jurisdiction under section 13 of the Defamation Ordinance and that the plaint has wrongly been returned, the learned Court would have decided the suit on merits. On the other hand Mr. Amir Mansoor Qureshi, learned counsel for the…

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