ANSER MAHMOOD CHUGHTAI vs SHAHZADI FATIMA ALI O — 2023 CLC 267 ISLAMABAD

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ANSER MAHMOOD CHUGHTAI VS SHAHZADI FATIMA ALI O.VII, R.11---Rejection of plaint---Pre-requisite---Admitted documents---Status---Court should examine statements in plaint prior to taking a decision---Contents of written statement are not to be taken into consideration nor to put the same in juxtaposition with that of plaint in order to gauge correctness or otherwise of anyone of the same---Such course can commence after it is determined that the suit is proceedable in normal course and held to undergo process of recording of evidence---Scope of jurisdiction made widen under the third category where if averments contained in plaint are to be rejected, the same course can be adopted on the basis of documents appended with the plaint or the one that retains status of "admitted documents" with an exception that the position beyond any doubt can also be taken into consideration in exercise of judicial power of appraisal of the plaint--- While dealing with an application under O.VII, R.11, C.P.C, Court can take into consideration plaint and documents annexed therewith besides admitted documents or admitted position. Citation Name: 2023 CLC 267 ISLAMABADBookmark this Case ANSER MAHMOOD CHUGHTAI VS SHAHZADI FATIMA ALI O.VII, R.11---Suit for malicious prosecution---Pre-conditions---Rejection of plaint---Plaintiff was aggrieved of order passed by Trial Court rejecting his plaint under O.VII, R.11, C.P.C.---Validity---Test 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. Citation Name: 2023 CLC 267 ISLAMABADBookmark this Case ANSER MAHMOOD CHUGHTAI VS SHAHZADI FATIMA ALI arts.4 & 9---Malicious prosecution---Effect---To subject a person to malicious prosecution not only causes interference in the right to liberty guaranteed under art. 9 of the Constitution but also the right to dignity and to be treated in accordance with law articulated under arts.4 & 9 of the Constitution--- Ultimate reasons that prompted a person to initiate legal action under malicious prosecution are having sustained financial hardship, litigation cost, mental anguish besides loss to reputation on account of false accusation.

ANSER MAHMOOD CHUGHTAI vs SHAHZADI FATIMA ALI O — 2023 CLC 267 ISLAMABAD

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