Law:

Section:

Civil Procedure Code (V of 1908)-------O. VII, R. 11---Suit for damages for malicious, institution of suit---Maintainability---Rejection of plaint---Plaintiff had instituted suit for damages on the ground that in another suit, defendants in their written statement had levelled certain baseless and frivolous allegations against him, due to which his reputation was badly affected---Said written statement had indicated no such allegations existed which could affect the reputation of plaintiff---Even otherwise no suit for recovery of damages was generally maintainable for malicious institution of civil suit, because on defeat of a civil suit, law had provided for compensation to successful party by awarding costs/special costs to hum---Courts below, had rightly rejected plaint of plaintiff---Revision against concurrent findings of facts of courts below, was dismissed. Haji Muhammad Shafi v. Mst. Hamidan Bibi 1990 MLD 597 ref. Fazl-e-Haq Kohidamani for Petitioner. Shakeel Azam Awan for Respondents Nos.2, 3 and 4 on pre-admission notice. ORDER IJAZ-UL-HASSAN KHAN, J.--- This revision petition is directed against the concurrent findings of the two Courts below i.e. learned Civil Judge and learned Additional District Judge, Peshawar, whereby the former rejected suit of the plaintiff-petitioner under Order VII, rule 11, C.P.C. and the latter affirmed the same by dismissing the appeal. 2. Brief facts of the case are, that the plaintiff-petitioner instituted a suit against the defendants-respondents for recovery of Rs.10,00,000 as damages, in consequence of filing written statement in another suit, wherein according to the plaintiff-petitioner certain unnecessary and baseless allegations were alleged against him. The suit was contested by defendants-respondents. On 17-6-2002, defendants-respondents moved an application under Order VII, rule 11, C.P.C., for rejection of the suit. The application having been resisted, was accepted and the plaint was rejected and appeal filed thereagainst also met the same fate. Hence instant revision petition. 3. I have heard learned counsel for the petitioner and learned counsel for the respondents on pre-admission notice in the light…

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