Law: Limitation Act, 1908

Section: 23

Law: Qanun-e-Shahadat (10 of 1984)

Section: 78

Law: Civil Procedure Code (V of 1908)

Section: O.XIII,R.4

(a) Limitation Act (IX of 1908)---Art.23---Damages for malicious prosecution, suit for---Limitation---Defamation and mental torture allegedly to be caused to plaintiff by issuance of defendant's legal notice on 11-7-2001 and publication of summons issued against him in September, 2001 in suit filed by defendant for recovery of money---Dismissal of defendant's suit to extent of plaintiff by Appellate Court on 23-12-2003---Suit for damages filed by plaintiff on 27-2-2004---Validity---Such of Appellate Court for not having been challenged by defendant within prescribed time had attained finality---Period of one year prescribed in Art. 23 of Limitation Act, 1908 would start from 23-12-2003---Plaintiffs suit filed on 27-2-2004 was not barred by limitation. (b) Tort--- ----Suit for damages for malicious prosecution, defamation and mental torture---Previous suit by defendant-Bank for recovery of loan amount from plaintiff and others---Plaintiffs claim against Bank after dismissal of previous suit to his extent by Appellate Court---Proof---Plaintiff by filing written statement in previous suit had denied execution of any loan document and his liability to pay any amount to Bank---Bank neither could shake evidence of plaintiff in cross-examination nor did produce evidence to disprove plaintiffs claim---Bank in previous suit had failed to produce any evidence connecting plaintiff with availing of loan, which remained unpaid---Plaintiff was neither borrower or customer of bank nor had committed any default in fulfilling an obligation touching business of loan or finance---Bank had prosecuted plaintiff f without reasonable and probable cause, and prosecution had ended in his favour---Plaintiff had been defamed on account of issuance of such legal notice and publication of summons of Banking Court in newspapers---Allegations levelled against plaintiff in recover suit by Bank were serious in nature also containing threat to initiate criminal proceedings against him---Such allegations had lowered reputation of plaintiff in estimation of others and could be treated as malicious---Plaintiff had suffered immense legal injury for contesting false and malicious previous…

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