Under section 8 of defamation ordinance 2002, serving legal notice for defamation is mandatory on parties. Without complying with this requirement no one can initiate legal proceeding of defamation in any court of law.
Format Of Legal Notice For Defamation
Below is provided a reliable sample draft of legal notice for defamation. Use it as an example or make necessary changes in it.
Sub:- LEGAL NOTICE FOR DEFAMATION
That I have been instructed by my client namely Ch. JI son of MI resident of _________ Islamabad to serve uponyou legal notice for defamation on the following legal grounds.
- That earlier litigation was pending between my client and Army Welfare Trust etc in the court of competent jurisdiction and later on, on the basis of compromise, the said matter was patched up and AWT/ DHQ granted land comprising Khasra _____ etc total measuring _____ situated in Mouza ______ Islamabad to my client against the consideration / exchange of other land. The said land was granted for the __________ and place of residence of ______ of the said _____ and _________, which has already constructed at the time of compromise between the parties and for the Mosque, Madrassa, Graveyard and Funeral Place (Janazagah) and for any other public purposes.
- That my client is the caretaker of said ___________ property and used to serve _____ there at said ______ on regular basis.
- That my client being caretaker of the said _______, enjoys very good reputation, respect and honor not only in the eyes of inhabitants but also in the eyes of twin cities especially.
- That my client is a respectable citizen of this country. He is enjoying very good reputation, command and great respect amongst the family, friends, colleagues and locality as well as community. My client is having great respect, dignity and prestige in the area and also having blot-less career throughout his life.
- That my client filed a suit for declaration and permanent injunction before the Court of ________, Civil Judge, Islamabad in which the SHO P.S _____, Islamabad was also made the party in the suit.
- That the summons were issued to all the parties including SHO, P.S _____, Islamabad.
- That the said suit is pending adjudication before the Court of _______, the Learned Civil Judge, Islamabad, in which you submitted comments / report before the Learned Court, whereas, you were not the party to suit.
- That my client shocked to see that you have written in the said report that my client is “_________” and wants to usurp the land of valuing in billions.
- That you have leveled serious allegations against my client.
- That due to the said allegations against my client without any basis and purely engineered on malice, my client suffered mental agonies, torture. Furthermore, my client is facing continuous mental torture, harassment, and fear.
- That due to the said averments which you made in the said report not only communicated to the parties to the suit, which is now a public document, the reputation of my client as well as his family has been damaged in such that there could not be repaired. The credibility built by my client during span of time is shattered due to writing the false, frivolous, fictitious and baseless allegations against my client.
- That the defamatory statement/ averments which you made in the report, which is submitted before the Learned Civil Judge, Islamabad, is having a tendency injure the reputation of my client i.e. to lower him in the estimation of others and to bring him in in obliquity contempt and ridicule. To Which my client also reserves the right to file a suit for defamation and damages.
- That my client is demanding special damages on account of mental torture, agony, financial loss and injury inflicted to his reputation, honor due to the statement / averments, which you have made before the Learned Civil Judge, Islamabad as well the detail of the same are mentioned as under:
- Injury/ loss to reputation as a person = 10,00,000/-
- Mental torture and physical agony = 10,00,000/-
- Loss in family honour: = 375,000/-
- Legal Assistance
- Legal assistance & General = 25,000/-
GRAND TOTAL = 24,00,000/- (as general and special compensation)
- That through instant legal notice for defamation, you are hereby advised to pay the above said amount to my client within 14 days after the issuance of instant legal notice, otherwise, my client has positively instructed me to sue against you in the Court of Law at your risk and costs.
A copy of instant legal notice for defamation is retained in my office for further necessary action.
ADVOCATE HIGH COURT