Format of Suit for Defamation and Recovery of Damages

Legal Notice For Defamation

Suit for defamation lies where one person uses adverse, derogatory or unpleasant feelings or opinion with intention to injure reputation, to diminish the esteem, respect, goodwill or confidence of effected person. If any person acts in this way then aggrieved person can file a suit for defamation in competent court. For the help we have provided here sample format of suit for defamation. The aggrieved person can also file this civil suit where he was maliciously prosecuted in criminal case but later on acquitted.

Definition of Defamation

According to the defamation ordinance 2002, section 2 the defamation means that;

“Any wrongful act or publication or circulation of a false statement or representation made orally or in written or visual form which injures the reputation of a person, tends to lower him in the estimation of others or tends to reduce him to ridicule, unjust criticism, dislike, contempt or hatred shall be actionable as defamation.”

On the other hand Pakistan Penal Code 1860, section 499 stats that;

“Whoever by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person.”

This definition of defamation also include ten exception. If the accused establishes that his act comes under any exception then he will not be liable of offense.

Punishment of Defamation

In Pakistan there are two act as already explained above covers the area of defamation. So the Punishment of defamation also varies with these acts.

Under Pakistan Penal Code 1860

Punishment of defamation in a case of criminal defamation has been provided in section 500 of PPC, which stats that;

  • If proved the punishment may extend to 2 year or fine or both and
  • The person who publishes it known it to be defamatory will also be punished with 2 years of simple imprisonment.

The offense of defamation is bailable, non-cognizable and compoundable.

Under The Defamation Ordinance 2002

Under this ordinance if defamation is proved then court will order and direct the defendant to tender an apology in same manner he did defamation and pay general damages of Rs.50,000.

Types of Defamation

There are two types of defamation which a plaintiff can establish in his suit for defamation.

  1. Slander (any false oral statement or representation that amounts to defamation shall be actionable as slander)
  2. Libel (Any false written, documentary or visual statement or representation made either by ordinary form or expression or by electronic or other modern means of devices that amounts to defamation shall be actionable as libel)

Defenses Taken Suit For Defamation

The defendant can take following stance in order to free himself from civil liability. These defenses are also mentioned in section 5 of defamation ordinance, 2002.

  1. he was not the author, editor, publisher or printer of the statement complained of;
  2. the matter commented on is fair and in the public interest and is an expression of opinion and not an assertion of fact and was published in good faith;
  3. it is based on truth and was made for the public good;
  4. assent was given for the publication by the plaintiff;
  5. offer to tender a proper apology and publish the same was made by the defendant but was refused by the plaintiff;
  6. an offer to print or publish a contradiction or denial in the same manner and with the same prominence was made but was refused by the plaintiff;
  7. the matter complained of was privileged communication such as between lawyer and client or between persons having fiduciary relations; and
  8. the matter is converted by absolute or qualified privilege.

How To Start Suit for Defamation

When any person commit civil defamation it is mandatory on  aggrieved party to send a legal notice of defamation to the wrongdoer. Section 8 of defamation ordinance says that 14 days must be given (Click Here: For Format of Legal Notice of Defamation) in legal notice and civil action will lie against person is the case is filed within 2 months of publication. When 14 days mentioned in notice complete, plaintiff must file suit for defamation in court. The format of defamation suit is also provided below.

Only the District Court shall have the jurisdiction to try the cases under this ordinance says section 13

Format of Suit For Defamation

Here is the reliable draft of defamation suit for the purpose of guideline.

IN THE COURT OF SENIOR CIVIL JUDGE, ISLAMABAD.

In the matter of:-

SM son of AK r/o H. No. ___, ______, Rawalpindi presently posted as ___ Rawalpindi.

…Plaintiff

Versus

KAS son of ARS r/o _______________________, Rawalpindi.

…Defendant

SUIT FOR DEFAMATION AND RECOVERY OF RUPEES 41,00,000,/- ON ACCOUNT OF DAMAGES FOR MALICIOUS PROSECUTION.

Respectfully Sheweth,

  1. That the plaintiff is posted as ______, Rawalpindi and having immaculate and spotless reputation in his career.
  2. That the plaintiff as law-abiding citizen and command great respect among the locality and in the eyes of relatives and friends as well as in department.
  3. That the defendant is a Flt. Steward in the Pakistan International Airlines and posted in Islamabad and whatever has been done by him mentioned below is due to misuse of his post / official position.
  4. That the defendant malafide and for reasons not known has filed following applications against the plaintiff for inquiries:
  • Application to CM Punjab on dated ___
  • E-mail to President Complaint Cell on dated ___
  • Application to Mr. Nawaz Sharif, Ex-Prime Minister.
  • Application before Overseas Pakistani Division, Islamabad in the month of___.
  • An application in open Kachahry of Inspector General of Police, Punjab Lahore held on ___.
  • Application before the officials of Intelligence Bureau.
  1. That in all the above said applications, the defendant has leveled different allegations against the plaintiff.
  2. That on the above said applications, different responsible police officers probe and interrogated the matter and ultimately found the allegations false, frivolous, baseless and concocted.
  3. That on ______, in Daily Express, it was published that plaintiff has tried to dispossess the defendant and is trying to snatch his house. This allegations was also baseless, however, the same is derogatory and published in a newspaper, having very high circulation in the country.
  4. That due to the applications submitted by the defendant and publication of a false, frivolous and baseless news, without any basis and purely engineered on malice and the only purpose for submission the above referred applications etc to involve the plaintiff without any legal justification. The interrogation upon the applications submitted by the defendant remained pending before the higher police forums and during this protected period the plaintiff remained under continuous mental torture, harassment, and fear.
  5. That due to the malicious prosecution on the part of the defendant, the reputation of the plaintiff has been damaged in such that there could not be repaired. The credibility built by the plaintiff during span of time was shattered due to filing of the frivolous, fictitious and concocted applications against the plaintiff. The defendant has also extended threats for dire consequences to the plaintiff.
  6. That the defamatory statement by the defendant was having a tendency injure the reputation of the plaintiff i.e. to lower him in the estimation of others and to bring him in obliquity contempt and ridicule and also injured his profession.
  7. That the plaintiff was prosecuted on baseless criminal charges, the same was ended in favor of the plaintiff and all this was malicious without reasonable and probably cause.
  8. That it would not be irrelevant to point out here that on dispute between the plaintiff and defendant, a Jirga was convened in the office of local MNA, where in the presence of respectable of the vicinity, the defendant again not only leveled the baseless charges but also harassed, humiliate and passed defamatory remarks against the plaintiff.
  9. That the plaintiff claim general and special damages on account of mental torture, agony, financial loss and injury inflicted to his reputation, honour as well the detail of the same are mentioned as under:

 

  1. General Damages
    1. Injury/ loss to reputation as a person   =   30,00,000/-
    2. Mental torture and physical agony      =   Rs. 10,00,000/- 
  1. Legal Assistance
    1. Legal assistance & General                   = Rs.    100,000/-

              GRAND TOTAL                                         =   41,00,000,/-

  1. That the plaintiff contacted the defendant and sent him a legal notice and demanded above-referred amount as damages by the defendant against the plaintiff but the defendant flatly refused to accede to the legitimate and legal demand of the plaintiff, hence this suit.
  2. That the cause of action firstly accrued on the submitting of false, frivolous, baseless and concocted applications and publication of news and finally on the refusal of the defendant to pay the above said amount as damages and is still continuing.
  3. That the parties are residents of Rawalpindi, hence this Honorable Court has the jurisdiction to entertain the matter in hand.
  4. That the value of the suit for the purposes of court fee and jurisdiction is fixed as Rs. 41 Lakh and the requisite court fee has been affixed on the plaint.

In view of above, it is most humbly prayed that the suit of the plaintiff for recovery of Rs. 41 Lakh as damages, may kindly be decreed in favor of the plaintiff and against the defendants with costs.

Any other relief, which this Honorable Court deems fit and proper may also be granted to the plaintiff.

Plaintiff

Through

Counsel(s)

Advocate High Court,

Rawalpindi.

Certified that the contents of the para No. 1 to 18 are true and correct and the remaining paras are also correct and true as per information received.

Plaintiff

Note:-

No suit, appeal, revision etc is pending between the parties of same nature in any competent court of law and this is the first suit for damages is being filed by this Honorable Court as per information received from my client

Counsel

 

IN THE COURT OF SENIOR CIVIL JUDGE, ISLAMABAD.

In the matter of:-

SM son of AK r/o H. No. ___, ______, Rawalpindi presently posted as ___ Rawalpindi.

…Plaintiff

Versus

KAS son of ARS r/o _______________________, Rawalpindi.

…Defendant

SUIT FOR DEFAMATION AND RECOVERY OF RUPEES 41,00,000,/- ON ACCOUNT OF DAMAGES FOR MALICIOUS PROSECUTION.

AFFIDAVIT

That I, SM son of AK r/o _____________ Rawalpindi presently posted as ___________, Rawalpindi do hereby solemnly affirm and declare as under:-

That the contents of the above suit are true and correct to the best of my knowledge and belief and nothing has been concealed therefrom.

Deponent

Verified that the contents of the affidavit are true and correct to the best of my knowledge and belief.

Deponent

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