Syed SHAKEEL AHMED vs RAJ KUMAR O — 2023 CLC 1273 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 CLC 1273 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: CLC
Parties: Syed SHAKEEL AHMED vs RAJ KUMAR O
Subject matter: Criminal

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

Syed SHAKEEL AHMED VS RAJ KUMAR O.VII, R.11 & O.XIV, R.2---Defamation---Recovery of damages---Rejecting of plaint---Preliminary issue---Plaintiff was a government official who assailed defamatory statement made by defendant against him---Trial Court after hearing parties on legal issues, dismissed the suit---Validity---Where an issue of law and facts had arisen in plaint of the suit and Trial Court believed that case or part thereof on the issue of law only, Trial Court under the provision of O.XIV, R.2, C.P.C., could decide the issue related to (a) jurisdiction of the court or (b) a bar to the suit created by any law for the time being in force---To invoke provisions of O.VII, R.11(d), C.P.C., no evidence could be looked into and conclusion that the suit was barred under the law must be drawn from averments made in the plaint---Allegation of defamation was a mixed question of law and facts---Such issue could not be tried as a preliminary issue in other words, such issues could be those where no evidence was required and on the basis of plain reading of plaint of suit, it appeared that jurisdiction of Court was barred, then the Court could decide such issue of law at the first stance---High Court set aside judgment and decree passed by Trial Court and remanded the suit to Trial Court for decision afresh on merits---Appeal was allowed accordingly.

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