SHAHID MEHMOOD DAR vs RAZA MEHMOOD KHURSHAND O — 2023 MLD 937 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 MLD 937 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: MLD
Parties: SHAHID MEHMOOD DAR vs RAZA MEHMOOD KHURSHAND O
Subject matter: Civil
Provisions referred to: 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

SHAHID MEHMOOD DAR VS RAZA MEHMOOD KHURSHAND O. XIV, R. 5---Power to amend and strike out issues---Application of the petitioner for framing of additional issues was dismissed by the Trial Court---Validity---Scrutiny of issue already framed showed that it was to the effect that whether the plaintiff was entitled to the decree for defamation and damages under the provisions of Defamation Ordinance, 2002, which was a comprehensive and composite issue that would obligate the respondent/plaintiff to establish all those events that constitute cause of action, right to seek relief on the basis thereof as well as the enforceability/maintainability of the claim in law and fact and would also enable the petitioner/defendant to produce his entire evidence in defense based on his written statement inclusive of his legal plea qua the maintainability of the claim---Petitioner's plea for framing of the additional issues contained in the application, as such, was not well-conceived and was correctly turned down by the Trial Court---Petitioner's plea for rejection of plaint under O. VI, R. 11, C.P.C., did not need framing of a separate issue because this being a legal objection required to be taken at early stage---Issues are not framed on each and every ground raised in pleadings and if a composite issue is framed parties can produce their evidence respectively and no exception can be taken thereto as it does not prejudice anyone---Petition was dismissed in limine.

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