' The facts leading to the filing of the present petition are: The respondent filed a suit for the recovery of Rs,19,000 against the petitioner by way of damages. The suit was decreed by the learned trial Court on 15-9-1990 for Rs,10,526. The appeal filed by the petitioner was dismissed on 6- 6-1992. Hence this civil revision.
2. The case was admitted to consider as to whether or not, in view of Haji Muhammad Shafi v. Mst.
Harridan Bibi 1990 M LD 597 a separate suit for recovery of costs incurred by the opposite-party in defending previous suit or damages suffered by him on account of institution of suit was maintainable.
3. I have heard the learned counsel for the parties. Learned counsel for the petitioner has placed reliance on the abovementioned precedent case to submit that a separate suit for damages does not lie, inasmuch as there is a provision for grant of costs, in law, in the suit which is dismissed.
4. Learned counsel for the respondent has drawn my attention to Muhammad Akram v. Mst.
Farman Bi PLD 1990 SC 28 and has submitted that the Honourable Supreme Court of Pakistan has pow authoritatively laid down that a suit for damages on malicious prosecution in respect of a civil action is not barred, despite the fact that there is provision in law for awarding costs in the said civil suit.
5. It appears that this authority was not brought to the notice of his Lordship while deciding the precedent case, reported as Haji Muhammad Shafi v. Mst. Hamidan Bibi 1990 M LD 597. Be that as it may, I am bound by the rule laid down by the Supreme Court in Muhammad Akram's case and I respectfully follow it. I find that the suit filed by the respondent was1B maintainable and the learned trial Court had rightly assumed jurisdiction in the I case.
6. Learned counsel for the petitioner has not been able to point out any misreading or non-reading of the evidence which could justify interference by this Court in revisional jurisdiction of this Court.
Dismissed. No costs.