MUHAMMAD RAFIQ vs BASHIR AHMED First Sched — 2026 PLD 47 ISLAMABAD

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MUHAMMAD RAFIQ VS BASHIR AHMED First Sched., arts. 23 & 24---Defamatory allegations---Malicious prosecution---Recovery of damages---Composite suit---Multiple claims/prayers---Limitation---ascertainment---Responsibility upon the Court---Scope---Petitioner /defendant assailed order whereby the preliminary issue with regard to limitation in the suit filed by the respondents was answered in negative and the suit was found to be within time---Validity---Prayers made by the respondents /plaintiffs showed that they filed the suit seeking multiple reliefs i.e. litigation charges on account of malicious prosecution suffered in the suit filed by the petitioner as well as the litigation cost of the suit---Therefore, it transpired that it was a composite suit involving multiple causes of action subject to different limitation periods, such as arts. 23 and 24 of the Limitation act, 1908---Principles of natural justice and due process do not envisage the Court to act as a mere conduit mechanically applying one limitation period to the entire suit, rather, the Court is required to perform an active judicial function and consciously apply the limitation period relevant to each specific cause of action---Where causes of action are distinct and separable, limitation is assessed individually for each claim---The principle is to identify the dominant or primary cause of action and apply the corresponding limitation period---This distinction is critical in composite suits involving multiple claims---Where a suit combines claims for compensation for malicious prosecution (article 23) and compensation for libel (article 24), limitation for each claim is to be assessed separately---There is a responsibility upon the Court to exercise its judicial mind on each independent cause of action because the consequence of misapplying limitation periods would result in the potential denial of substantive rights or unjust dismissal of claims---Record showed that the petitioner filed a suit for declaration and perpetual injunction on 08.10.2021, relevant paragraph of which contained the alleged libel ;that suit was dismissed for non-prosecution on 11.10.2022---The respondents filed the suit for recovery of damages on 28.11.2022---Said sequence indicated that the respondents' claim for damages was well within time---Thus, no illegality or jurisdictional defect had been found in the impugned order passed by Trial Court---Revision, being merit-less, was dismissed.

MUHAMMAD RAFIQ vs BASHIR AHMED First Sched — 2026 PLD 47 ISLAMABAD

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