Suit for defamation, damages and mental torture limitation—Condonation of delay:
Return of plaint for filing the same before proper forum. Civil court returned plaint in the suit with direction to submit same before proper forum on the ground that civil court had no jurisdiction to entertain the matter in the light of provision of Defamation Ordinance 2003. Revision filed by plaintiff against order of civil court having been dismissed by Appellate court plaintiff filed another suit against defendants.
Said suit was on application of defendant filed under filed under order 7, Rule 11 on ground that notice given by plaintiff was that time spent by plaintiff in the wrong forum was to be condoned.
Person could not claim condonation of period if he did not use the mind properly and did not initiate proceedings at the proper forum with due diligence ignorance of law was no excuse and could not be said that plaintiff went to the court of civil judge in good faith or that he had used due diligence to ascertain the exact law.
Law was to take its own course and was to be applied strictly for the ends of justice. Two suits filed by plaintiff had shown that he threw the net too wide through with less amount for each person at the second phase of litigation.
Plaintiff by his conduct, had shown that he was trying to engage defendants in litigation due to his annoyance with them. In absence of any ground for interference with the impugned order passed by addl. District Judge, regular first appeal was dismissed by the High court.