DAIRY CREST FOOD (PRIVATE) LIMITED vs MUZAMMAL KHAN LODHI Scope and remedy — 2023 MLD 191 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 MLD 191 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: MLD
Parties: DAIRY CREST FOOD (PRIVATE) LIMITED vs MUZAMMAL KHAN LODHI Scope and remedy
Subject matter: Civil

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

DAIRY CREST FOOD (PRIVATE) LIMITED VS MUZAMMAL KHAN LODHI Scope and remedy---Plaintiff/respondent filed suit for recovery of Rs. 125 million as damages and compensation against the petitioner/defendant in which petitioner filed an application under O. VII, R. 11, C.P.C which was dismissed by Trial Court---Held, that malicious prosecution fell under the law of Torts providing redressal of grievance for those who had been prosecuted " without reasonable cause" and that prosecution was tainted with "malice"---Malicious prosecution is an action instituted with intention to injure body and rights of a person without any probable cause---Person who has been subjected to face legal proceedings instituted against him would naturally be aggrieved by such proceedings as he had to put expenses to defend himself in the civil lis and also had to face agony of the proceedings as well as loss of precious time---If, at the end of lis, such civil litigation against a person failed, then he had remedy to approach Civil Court for grant of compensation in the shape of damage(s) caused to him due to such malicious civil litigation---Suit for recovery of damages on the allegations of malicious civil prosecution filed by the respondent/plaintiff was maintainable---Revision was dismissed, however Trial Court was directed to decide the main lis between the parties strictly in accordance with law on merits expeditiously.

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