Defamation Damages Jurisdiction

Section 13 of Defamation Ordinance 2002, Order VII Rule 10 CPC—Defamation—Damages— Jurisdiction of Civil Court— Plaint return of – scope— Civil Court accepted application under O.VII Rule 10 CPC and returned the plaint—Contention of Plaintiff was that it was option of the aggrieved person to avail remedy by filing suit under section 9 of CPC or under Defamation Ordinance 2002—Validity—Civil court was court of ultimate jurisdiction—Neither there was any repealing clause nor ouster of jurisdiction of civil court to try the suit filed before in with regard to damages on account of defamation—If in respect of same dispute/litigation general law and special law were in field, special law would prevail subject to condition that special law contained provisions of ouster of jurisdiction of civil courts— aggrieved person therefore, had option either to opt for redressal against defamatory action before court of general jurisdiction i.e civil court or under the special law—jurisdiction of civil court covered all kinds of civil litigation on the strength and force of section 9 CPC. Plaintiff had availed the option of the civil court but his plaint was returned while misinterpreting the law—impugned order was not sustainable in circumstances which was set aside and matter was remanded for decision afresh in accordance with law—Appeal was allowed accordingly.

PLD 2017 Lahore 884