Zulfiqar Ahmed vs Muhammad Nadeem O — 2024 MLD 1237 KARACHI-HIGH-COURT-SINDH

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Zulfiqar Ahmed VS Muhammad Nadeem O. VII , R. 11 & O. VI , R. 2---Suit for malicious prosecution---Rejection of plaint---Scope---Pleadings---Claim in the plaint---Defence, considering of---Claim of the plaintiff was that due to criminal case lodged by the defendant , he lost his reputation in the eyes of general public as well as friends and he was also detained in jail for a sufficient period till he was bailed out by the Court and that after full-dressed trial, he was acquitted---Civil Court rejected the plaint , which order was maintained by the Appellate Court---Validity---From the record ( averment of plaint, the impugned orders, the judgment of acquittal ) it would not be possible to say that the plaint did not have any proof of the four elements required in a suit for malicious prosecution---Basic contentions of the appellant/plaintiff were clearly contained in the plaint---The question of proof would arise only after issues are framed and the opportunity to lead evidence is given to the parties---The plaint is to contain the facts, which it clearly contained and the manner in which the same would be proved was up to the appellant/plaintiff---This was not a case where on a plain reading of the plaints no cause of action existed for malicious prosecution, especially owing to the FIR which was lodged, the appellant/plaintiff faced full-dressed trial, the subsequent acquittal and the nature of allegations in the plaints---In view of the provisions of the O. VI, R.2, C.P.C., 1908 , the pleading is not a substitute of the evidence---In such circumstances, without providing opportunity to the appellant / plaintiff to prove his pleadings through evidence , it would not be just and proper to reject the plaint---Even , in such like cases, the Courts may not consider the defence brought by the opponent---Thus, the plaint , in the present case, was not liable to be rejected in a summary manner under O. VII, R. 11, C.P.C---High Court set aside impugned judgment passed by the Appellate Court as well as order passed by the Trial Court and remanded the back to the Trial Court with direction to decide the suit afresh after recording evidence of the parties---Appeal filed by the plaintiff was allowed accordingly.

Zulfiqar Ahmed vs Muhammad Nadeem O — 2024 MLD 1237 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2024 MLD