Format of Suit for Defamation and Recovery of Damages

Suit for defamation lies where one person uses adverse, derogatory, or unpleasant feelings or opinions with the intention to injure reputation, to diminish the esteem, respect, goodwill, or confidence of the affected person.

If any person acts in this way then the aggrieved person can file a suit for defamation incompetent court. For the help, we have provided here a sample format of suit for defamation. The aggrieved person can also file this civil suit where he was maliciously prosecuted in criminal cases but later on acquitted.

Note: If you want to file a defamation suit and you need help then contact us or post a comment below. Our professional attorney will help you.

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 a 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 states 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 includes ten exceptions. 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 years or fine or both and
  • The person who publishes it known 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 the court will order and direct the defendant to tender an apology in the same manner he did defamation and pay general damages of Rs.50,000.

Types of Defamation

There are two types of defamation that 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 the following stance in order to free himself from civil liability. These defenses are also mentioned in section 5 of the 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 commits civil defamation it is mandatory on the aggrieved party to send a legal notice of defamation to the wrongdoer. Section 8 of the defamation ordinance says that 14 days must be given (Click Here: For Format of Legal Notice of Defamation) in the legal notice.

After the passage of that time your civil action lies against the person. But you have to file suit for defamation within 2 months of publication. When 14 days mentioned in the notice complete, the plaintiff must file a suit for defamation in court. The format of the 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 the defamation suit for the purpose of the guideline. You can use that sample format of suit for defamation after making necessary changes.

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 an immaculate and spotless reputation in his career.
  2. That the plaintiff as a law-abiding citizen and command great respect among the locality and in the eyes of relatives and friends as well as in the department.
  3. That the defendant is an 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 the 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 the 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 the plaintiff has tried to dispossess the defendant and is trying to snatch his house. This allegation 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 false, frivolous, and baseless news, without any basis and purely engineered on malice and the only purpose for submitting 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 the span of time was shattered due to the 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 to 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 probable cause.
  8. That it would not be irrelevant to point out here that on the dispute between the plaintiff and defendant, a Jirga was convened in the office of local MNA, were 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, honor as well the detail of the same are mentioned as under:
  10. General Damages
    1. Injury/ loss to reputation as a person   =   30,00,000/-
    2. Mental torture and physical agony      =   Rs. 10,00,000/- 
  11. 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 the 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 the 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 parts are also correct and true as per information received.

Plaintiff

Note:-

No suit, appeal, revision, etc is pending between the parties of the 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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M. Mateen
I'm a professional practicing Lawer at Rawalpindi District Courts of Pakistan. I graduated from the International Islamic University of Islamabad in the faculty of Shria (LLB). Right now I am a student of LLM/M.Phil in Corporate Law.

4 Comments

  1. Very helpful for those who are to file such a suit for the first time.

  2. Mumtaz Ahmed lashari Baluch HCBA HYDERABAD SINDH

    It’s extremely helpful with proper legal assistance as required under the law

  3. Sir good evening am Viswanath I took loan from one private agency and I didn’t paid now again am repaying for clearing my cibil score and I didn’t given any cheques still am paying emo only 3 EMI are pending now they damage my reputation infront of my friends and they used in parliamentry language very bad words I told them if u have any problem go legally but don’t abuse me with bad words still they are abusing so I want to file a defamation suit on them

  4. This is too helpful to understand the concept of defamation. A complete lecture on itself..it has helped me to file defamation suit . Thanks .hope to learn from this forum

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