PLD 2006 Peshawar 206 Judgment Ignorance of Law was No Excuse: Defamation Ordinance (LVI of 2002) Ss…3, 4, 8 & 13…Civil Procedure Code…Order 7 Rule 10 & 11…Limitation Act…S…14…Suit for Defamation, damages and mental torture…Limitation…Condonation of delay…Return of plaint for filling same before proper forum…Civil Court returned plaint in the suit under Order 7 Rule 10 CPC with direction to submit same before proper forum on the ground that civil court had no jurisdiction to entertain the matter in the light of provisions of Defamation Ordinance 2002…Revision filed by the plaintiff against order of civil court having been dismissed by Appellate Court plaintiff filed another suit against defendants…Said suit was dismissed on application given by plaintiff was time-barred…Submission of counsel for plaintiff was that time spent by plaintiff in the wrong forum was to be condoned…Validity…Person could not claim condonation of period if he proper forum with due diligence…Ignorance of law was no excuse, and could not be said that plaintiff went to the court of civil judge in good faith or that he had used due diligence to ascertain the exact law…Law was to take its own course and was to be applied strictly for the ends of justice…Two suits filed by plaintiff had shown that he threw the net too side, through with less amount for each person at the second phase of engage defendants in litigation due to his annoyance with them…In absence of any ground for interference with the impugned order passed by Adl. District Judge, regular first appeal was dismissed by the High Court.
Main Ingredients of PLD 2006 Peshawar 206
Defamation Ordinance 2002
Section 3 Defamation Ordinance
Section 8 Defamation Ordinance
Section 13 Defamation Ordinance
Damages and Mental Torture
Civil Procedure Code
Limitation Act Sec 14
Suit for Defamation
Condonation of delay
Time Barred
Return of plaint
Order 7 Rule 10 CPC
Ignorance of Law was no Excuse
CH MUHAMMAD SHAHID BHALLI
Advocate High Court
Mob: 0301-6001125