KAZIM ALI vs ISHAQ ALI Ss — 2022 PLD 66 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 PLD 66 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: PLD
Parties: KAZIM ALI vs ISHAQ ALI Ss
Subject matter: Civil
Provisions referred to: S. 3; Civil Procedure Code (V of 1908); Defamation Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

KAZIM ALI VS ISHAQ ALI Ss. 3 & 8---Civil Procedure Code (V of 1908), O. VII, R. 11 & O.XXIII, R. 1---Defamation---Notice of action---Rejection of plaint---Withdrawal of earlier suit---Limitation---Scope---Appellant assailed the rejection of his plaint in a suit filed by him for defamation and damages---Respondent had filed an application for rejection of plaint under O. VII, R. 11, C.P.C. stating therein that the plaintiff had filed a suit for damages and defamation against him on similar grounds before the Court of Additional District Judge and the same was simply withdrawn and that the appellant had also instituted a second suit in the Court of Civil Judge against him for damages and defamation on similar cause of action, in which plaint was rejected by the Court---Validity---Appellant had not mentioned such facts in his plaint and it was clear that he had approached the Trial Court with unclean hands---Appellant having withdrawn the earlier suit unconditionally was precluded from re-agitating the same cause of action before the Trial Court on the basis of same subject matter---Subsequent suit was barred under O. XXIII, R. 1(3) of C.P.C.---Suit was also barred by S.3, read with Ss. 8 & 12 of Defamation Ordinance, 2002---Appellant had given legal notice to the respondent with a delay of eight years---Trial Court had rightly rejected the plaint---Appeal was dismissed.

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