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2007 YLR 2231(1)

AZHAR CHAUDHARY vs RESIDENTS EXECUTIVE COMMITTEE through President

Citation2007 YLR 2231(1)
CourtSindh High Court
Case No.C.M.As. Nos.6928, 7756 of 2004 and 826, 829 of 2005
Date2006-09-11
Judge(s)Munib Ahmed Khan
ResultOrder accordingly

ORDER

1. ' MUNIB AHMAD KHAN, J.---Mr Saleem Ghulam Hussain has submitted a copy of order in Suit No.Nil of 2005 and argues that this suit is similar to the suit in which order for return of plaint has been passed. He further argues that the suit is based on defamation therefore, office objection is proper and the suit is covered by sections 13 and 14 of the Defamation Ordinance, 2002 and that according to section 13 of the said Ordinance District Court shall have the jurisdiction. A perusal of the plaint shows that the plaintiff has made letter dated 26-3-2004 basis of his claim which contains certain allegations, the said letter was allegedly pasted on the outer wall of the flat and that has caused serious mental torture and since its language was defamatory therefore, the suit for defamation has been filed. The prayer clauses also show that the only basis on which all the reliefs have been claimed is based on the said notice. In the circumstances the alleged defamation is covered under section 3 of the Ordinance and suit is to be tried by District Court in terms of section 13 of the said Ordinance. In the circumstances plaint is returned to the plaintiff for presentation to the proper Court. This suit may be detached from suit No.273 of 2005.

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