193/2022 II.A. Zulfiqar Ahmed S/o Muhammad Yaqoob (Appellant) V/S Muhammad Nadeem and Others (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Salahuddin Panhwar(Author)
Order Date: 12-JUL-23
Scope of the second appeal is narrow, allowing exercise only on specific grounds. In a claim for damages for malicious prosecution, the burden of proof lies on the claimant; claimant must establish that the prosecution was without reasonable and probable cause and motivated by malice. The court held that acquittal through the benefit of doubt constitutes an honorable acquittal; the importance of curbing false accusations and frivolous litigation by means of civil suits for malicious prosecution; the rejection of the plaint should not have been done summarily without providing an opportunity to prove the allegations through evidence. The appeal was allowed, and the case was remanded back to the trial court for a fresh decision after recording evidence.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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