2017 C L C 45
In this case the question before the High Court was whether a suit for damages on account of defamation resulting from alleged malicious prosecution was maintainable before the court of ultimate jurisdiction under S.9 of the C.P.C. or the
same could only be adjudicated under S.13 of the Defamation Ordinance, 2002. It was observed that S.13 of the Defamation Ordinance, 2002 prescribed the remedy to enforce a right before the District Court, however, the same did not contain any repealing or ouster clause regarding
jurisdiction of civil court to entertain a suit under the general law that was S.9 of the C.P.C. The apex Court has already clinched the said proposition authoritatively in the judgment reported as Ch. Zulfiqar Ali Cheema v. Farhan Arshad Mir PLD 2015 SC 134 and observed that the reading of the Ordinance as a whole did not preclude a person from initiating an action for damages under the law of Torts by filing a suit for damages under Civil Procedure Code, 1908.
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