Suit for malicious prosecution

2024 MLD 1237 KARACHI-HIGH-COURT-SINDH Judicial Precedent

O. VII , R. 11 & O. VI , R. 2Suit for malicious prosecutionRejection of plaintScopePleadingsClaim in the plaintDefence, considering of

Claim of the plaintiff was that due to criminal case lodged by the defendant , he lost his reputation in the eyes of general public as well as friends and he was also detained in jail for a sufficient period till he was bailed out by the Court and that after full-dressed trial, he was acquitted

Civil Court rejected the plaint , which order was maintained by the Appellate Court

Validity

From the record ( averment of plaint, the impugned orders, the judgment of acquittal ) it would not be possible to say that the plaint did not have any proof of the four elements required in a suit for malicious prosecution

Basic contentions of the appellant/plaintiff were clearly contained in the plaint

The question of proof would arise only after issues are framed and the opportunity to lead evidence is given to the parties

The plaint is to contain the facts, which it clearly contained and the manner in which the same would be proved was up to the appellant/plaintiff

This was not a case where on a plain reading of the plaints no cause of action existed for malicious prosecution, especially owing to the FIR which was lodged, the appellant/plaintiff faced full-dressed trial, the subsequent acquittal and the nature of allegations in the plaints

In view of the provisions of the O. VI, R.2, C.P.C., 1908 , the pleading is not a substitute of the evidence

In such circumstances, without providing opportunity to the appellant / plaintiff to prove his pleadings through evidence , it would not be just and proper to reject the plaint

Even , in such like cases, the Courts may not consider the defence brought by the opponent

Thus, the plaint , in the present case, was not liable to be rejected in a summary manner under O. VII, R. 11, C.P.C

High Court set aside impugned judgment passed by the Appellate Court as well as order passed by the Trial Court and remanded the back to the Trial Court with direction to decide the suit afresh after recording evidence of the parties

Appeal filed by the plaintiff was allowed accordingly.

2024 MLD 1237 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Suit for malicious prosecutionAcquittal of the plaintiff in FIRReasonable or probable cause in lodging FIR by the defendant

Every case, which ends in acquittal, would entitle the guiltless accused to sue for damages, as in that case, the damage caused would be beyond repair and the criminal justice system would come to a halt

As by doing so, the aggrieved person would suffer at the hands of the incompetent investigation and the people would lose the courage to register their claims and the same would in turn lead to a chaos

Burden is and would be on the person claiming damages that whether such prosecution was based on malice or not

Malicious prosecution means to obtain a collateral advantage

It is to be seen whether due to ill will or any indirect or improper motive, without any reasonable or probable cause, prosecution has instituted or FIR has been lodged

The test would not be whether the criminal proceedings instituted on false and frivolous allegations had reached the court rather would be that such proceedings had reached a stage at which damage to the plaintiff resulted, providing a tort for redressal for having been prosecuted without reasonable cause and with malice.

2023 CLC 267 ISLAMABAD Judicial Precedent

O.VII, R.11Suit for malicious prosecutionPre-conditionsRejection of plaintPlaintiff was aggrieved of order passed by Trial Court rejecting his plaint under O.VII, R.11, C.P.C.ValidityTest to find an action for damages for malicious prosecution was based upon criminal proceedings

Test was not whether criminal proceedings instituted on false and frivolous allegation had reached the court rather would be that such proceedings had reached a stage at which damage to plaintiff resulted

High Court set-aside judgment and decree passed against plaintiff and remanded the case to Trial Court to decide the suit afresh after recording evidence of parties in accordance with law on the subject

Appeal was allowed accordingly.

2017 CLCN 147 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Art. 23Civil Procedure Code (V of 1908), O. VII, R. 11Law Reforms Ordinance (XII of 1972), S. 3Intra-court appealRejection of plaintSuit for malicious prosecutionLimitation

Defendant sought rejection of plaint on the ground that the same was filed beyond one year of judgment and decree passed by Trial Court

Single Judge of High Court declined to reject the plaint for the reason that suit was filed after judgment and decree passed by the Appellate Court

Validity

If cause of action accrued in favour of plaintiff the moment civil action ended and had attained finality, such would be the date of dismissal of civil proceedings in question

Period of limitation would begin to run from the date and be reckoned accordingly

Where order of dismissal terminating civil action was challenged in appeal or revision before higher forum, by virtue of doctrine of merger, original order stood merged in the order that was passed by higher forum in such appellate or revisional proceedings

Operative order would then was the order of higher forum and period of limitation was to be computed from the date of order disposing of appeal or revision, as the case could be

Division Bench of High Court did not find any error committed by the Single Judge of High Court while disposing of application of defendant

Intra-court appeal was dismissed in circumstances.

2013 CLD 585 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Suit for malicious prosecution

Essential ingredients.

2013 CLD 585 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Suit for malicious prosecutionBurden of proofClaim made on basis of malicious prosecution was a heavy burden that could not be discharged so conveniently

Burden on the plaintiff in a suit for malicious prosecution was more than it was in a normal suit.

2013 MLD 584 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Suit for malicious prosecution

Pre requisites highlighted.