2007 PLP 2231(1) (YLR)
AZHAR CHAUDHARY — Plaintiff Versus RESIDENTS EXECUTIVE COMMITTEE through President and another — Defendants
| Citation | 2007 PLP 2231(1) (YLR) |
| Forum / Court | Karachi |
| Bench Members | Munib Ahmad Khan, J |
| Parties | AZHAR CHAUDHARY — Plaintiff Versus RESIDENTS EXECUTIVE COMMITTEE through President and another — Defendants |
| Primary Law | Defamation Ordinance (LVI of 2002) |
Q1: What are the key laws and sections cited in 2007 PLP 2231(1) (YLR)?
This judgment primarily cites: Defamation Ordinance (LVI of 2002) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 2231(1) (YLR)?
The case was heard and decided by the Karachi bench comprising: Munib Ahmad Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 2231(1) (YLR) (AZHAR CHAUDHARY — Plaintiff Versus RESIDENTS EXECUTIVE COMMITTEE through President and another — Defendants). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
Ss.3, 13 & 14
Specific Relief Act (I of 1877), Ss.42 & 54
Civil Procedure Code (V of 1908), O. VII, R.10
Suit for defamation declaration, permanent injunction and damages
Plaint had shown that plaintiff had made a letter, dated 26-3-2004 as basis of his claim which contained certain allegations
Said letter was allegedly pasted on the outer wall of the flat and that had caused serious mental torture to plaintiff
Language of the letter was defamatory, suit for defamation had been filed
Prayer clauses also had shown that the only basis on which all the reliefs had been claimed, was based on said letter/notice
Alleged defamation, in circumstances, was covered under S.3 of Defamation Ordinance, 2002 and suit was to be tried by District Court in terms of S.13 of the Ordinance
Plaint was returned to the plaintiff for presentation to the proper court. Nemo for Plaintiff. Slaeem Ghulam Hussain for Defendants.
Judgment & Decree
MUNIB AHMAD KHAN, J.
Mr. Saleem Ghulam Hussain has submitted a copy of order in Suit No. nil of 2005 and argues that this suit is similar to the suit in which order for return of plaint has been passed. He further argues that the suit is based on defamation therefore, office objection is proper and the suit is covered by sections 13 and 14 of the Defamation Ordinance, 2002 and that according to section 13 of the said Ordinance District Court shall have the jurisdiction. A perusal of the plaint shows that the plaintiff has made letter dated 26-3-2004 basis of his claim which contains certain allegations, the said letter was allegedly pasted on the outer wall of the flat and that has caused serious mental torture and since its language was defamatory therefore, the suit for defamation has been filed. The prayer clauses also show that the only basis on, which all the reliefs have been claimed is based on the said notice. In the circumstances the alleged defamation is covered under section 3 of the Ordinance and suit is to be tried by District Court in terms of section 13 of the said Ordinance. In the circumstances plaint is returned to the plaintiff for presentation to the proper Court. This suit may be detached from suit No.273 of 2005. H.B.T./A-61/K Order accordingly.