| Case ID |
0279c0b8-a47c-4da6-9158-2dd58c6c8c81 |
| Body |
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| Case Number |
Civil Appeal No. 13 of 2010 |
| Decision Date |
Dec 31, 2012 |
| Hearing Date |
Dec 18, 2012 |
| Decision |
The Sindh High Court dismissed the appeal in limine, affirming the trial court's decision to reject the plaint on the grounds that the plaintiff failed to establish a cause of action for defamation. The Court held that merely making applications to authorities for redressal of grievances could not be characterized as defamation. The Court also noted that the appellant had a history of filing similar suits, which indicated a pattern of habitual litigation intended to harass the respondents. The appeal was found to lack merit and was dismissed. |
| Summary |
In the case of Civil Appeal No. 13 of 2010, decided by the Sindh High Court on December 31, 2012, the appellant, a retired naval officer and practicing lawyer, filed a suit for damages against the respondents, claiming defamation due to false publications and malicious applications made against him and his family. The court examined the principles of defamation under the Defamation Ordinance (LVI of 2002) and the Civil Procedure Code (V of 1908). The court concluded that the actions of the respondents did not constitute defamation as they merely sought protection of their rights. The case highlighted issues of habitual litigation, where the appellant had previously filed multiple suits against the same respondents on similar grounds. The court emphasized the need to discourage frivolous litigation and to ensure that justice is served without being subjected to technicalities. The appeal was ultimately dismissed, reinforcing the importance of upholding the integrity of the judicial process and protecting individuals from baseless claims. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
AFTAB AHMED GORAR, JUSTICE
|
| Lawyers |
MUNSIF KHAN ADVOCATE,
Munir Ahmed
|
| Petitioners |
MUNSIF KHAN ADVOCATE
|
| Respondents |
2 OTHERS,
MST. KHURSHEED BEGUM
|
| Citations |
2013 SLD 1438,
2013 MLD 1032
|
| Other Citations |
1981 CLC 118,
PLD 1979 Kar. 315,
PLD 1976 Lah. 1548,
2012 SCMR 366,
2002 SCMR 338,
2007 CLC 941,
PLD 1995 SC 472,
2007 CLC 1174,
PLD 1990 SC 28
|
| Laws Involved |
Defamation Ordinance (LVI of 2002),
Civil Procedure Code (V of 1908)
|
| Sections |
3,
12,
15,
11,
35-A,
O.VII, R. 11
|