Syed FEROZE ALI vs AURORA BROADCASTING SERVICE (PVT — 2024 CLC 1190 KARACHI-HIGH-COURT-SINDH

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Syed FEROZE ALI VS AURORA BROADCASTING SERVICE (PVT.) LTD. Sched. 1, arts. 23, 24 & 25---Suit for damages for malicious prosecution, filing of---Limitation---Plaintiff claimed damages against various sets of defendants including four broadcasting companies running their respective television channels on the assertion that he was wrongly arrested in pursuance of FIR at the behest of the defendant (citizen /complainant), and subsequently he (plaintiff) was acquitted by the Court---Validity---From a perusal of the plaint, it was apparent that the plaintiff had conflated a claim for malicious prosecution against the defendant/complainant with a claim for defamation, which encompassed the defendants (broadcasting companies)---Both said torts are separate from one another, having distinct elements and presenting unique causes of action with different periods of limitation, as prescribed under arts. 23, 24 & 25 of Sched. 1 to the Limitation act, 1908---Said articles stipulate that the period of limitation for every description of suit (for compensation for malicious prosecution, for compensation for libel or for compensation for slander) is one year---In the present case, admittedly, a legal notice was sent to the defendants on behalf of the plaintiff after about two months of the news complained of being broadcast by the defendants / (broadcasting companies / television channels), which (notice) was replied to after two months or so---Whereas, the suit was filed by the plaintiff after more than 3 years and 3 months from the date of broadcast---Thus, claim advanced by the plaintiff against such defendants was time barred, thus it was unnecessary to dwell further on whether the claims could have been intertwined as claimed---Suit was dismissed on point of limitation, in circumstances.

Syed FEROZE ALI vs AURORA BROADCASTING SERVICE (PVT — 2024 CLC 1190 KARACHI-HIGH-COURT-SINDH

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