MUHAMMAD ASHRAF RAJA vs NOUREEN NAZ O — 2025 CLC 567 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD ASHRAF RAJA VS NOUREEN NAZ O. VII, R. 11---Rejection of plaint, application for---Limitation---Plea of the defendant was that suit for damages for malicious prosecution filed by the plaintiff was time-barred---Trial Court dismissed second application of the defendant filed under R. 11 of O. VII, C.P.C., with costs, which judgment was maintained by the District Court---Validity---Issue of limitation involves a mixed question of fact and law which requires evidence of parties---Additionally, present suit should be contested on its merits and question of maintainability is to be decided by the Trial Court after recording evidence---Contents and nature of the suit-in-question are unmistakable, which seeks damages for malicious prosecution---Petitioner's/defendant's persistent denial and stubborn insistence to the contrary (which has been demonstrated through vexatious and frivolous repeated application) will not alter this reality---Impugned judgments and orders passed by both the Courts below warrant no intervention---Constitutional petition, being merit-less, was dismissed, in circumstances. Citation Name: 2025 CLC 567 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD ASHRAF RAJA VS NOUREEN NAZ art. 199---Civil Procedure Code (V of 1908), O. VII, R. 11---Rejection of plaint, application for---Factual controversy---Constitutional petition---Maintainability---Plea of the defendant was that suit for damages for malicious prosecution filed by the plaintiff was time-barred---Trial Court dismissed second application of the defendant filed under R. 11 of O. VII, C.P.C., with costs, which judgment was maintained by the District Court---Validity---Trial Court is primarily responsible for assessing facts and High Court possesses the authority under art. 199 of the Constitution to intervene in a limited scope, which encompasses rectifying jurisdictional errors and constitutional infringements---However, such circumstances were not found to be applicable in the present case---Impugned judgments and orders passed by both the Courts below warrant no intervention---Constitutional petition, being merit-less, was dismissed, in circumstances.

MUHAMMAD ASHRAF RAJA vs NOUREEN NAZ O — 2025 CLC 567 KARACHI-HIGH-COURT-SINDH

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