ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.130 of 2021

___________________________________________________________________ Date Order with signature of Judge

___________________________________________________________________

FRESH CASE:

1. For order on CMA No.1479/2021 (Urgent).

2. For order on office objection a/w reply as at ‘A’.

3. For order on CMA No.1480/2021 (Exemption).

4. For hearing of main case.

5. For order on CMA No.1481/2021 (Stay).

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11^th August 2021

Mr. Mujtaba Sohail Raja, Advocate for Appellant.

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1. Urgency granted.

2. Learned counsel for the appellant undertakes to comply with office objection before next date of hearing.

3. Exemption granted, but subject to all just exceptions.

4&5. Instant High Court Appeal has been filed against the impugned judgment dated 14.07.2021 and decree dated 19.07.2021 passed by the learned Single Judge, on the original side, of this Court in Suit No.215 of 2015, whereby, according to the learned counsel for appellant, respondent sought damages for malicious prosecution, whereas, according to the learned counsel for appellant, the only litigation between the parties was in the shape of a suit filed by the respondent for recovery of amount, which was eventually decreed in favour of the appellant, however, learned Single Judge has been pleased to award damages to the respondent. It has been further contended by the learned counsel for appellant that without prejudice to the merits of the case, the suit filed by the respondent was also barred under Article 23 of the Limitation Act, which provides period of one year from the date when the plaintiff is an acquitted or the prosecution is otherwise terminated. Whereas, according to the learned counsel, in the instant case prosecution terminated on 03.05.2011 and suit was filed by period of four years i.e. on 30.02.20215.

Contentions raised require consideration. Let pre-admission notice be issued to the respondent, to be served through first three modes, for a date to be fixed after three weeks, when objections, if any, shall be filed with advance copy to the learned counsel for appellant.

Learned counsel for the appellant submits that the appellant is willing to secure the principal amount of damages alongwith markup and profit, therefore, the operation of the impugned judgment may be suspended to avoid filing of future markup in the instant case. Subject to depositing of the decreetal amount before the Nazir of this Court, the operation of the impugned judgment shall remain suspended till next date of hearing.

J U D G E

*Farhan/PS*