Court Discards Imran's Plea For Dismissal Of Defamation Suit

A sessions court on Friday discarded an application filed by Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan for dismissal of a defamation suit filed by Prime Minister Shehbaz Sharif against him

LAHORE, (UrduPoint / Pakistan Point News - 5th May, 2023 ) :A sessions court on Friday discarded an application filed by Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan for dismissal of a defamation suit filed by Prime Minister Shehbaz Sharif against him.

Additional District and Sessions Judge Muhammad Irfan Basra announced the verdict on Imran Khan's application, says a detailed court order released here. The court heard arguments of parties on the previous hearing, April 29, and fixed the matter for orders on Friday, it added.

In its detailed order, the court noted that respondent's (Imran Khan) counsel filed the application for dismissal of the suit due to non-prosecution as per Order XI Rule 21 of CPC, saying that the plaintiff (Shehbaz Sharif) had failed to file reply of interrogatories in manner required by rules 6, 8 and 9 of Order XI of CPC within the time specified.

However, Shehbaz Sharif's counsel opposed the application and submitted that it had been filed to delay the proceedings, the court added. The counsel submitted that the reply of interrogatories was filed in specified time whereas Imran Khan had already lost his right to defend the suit, it added.

The court observed "Imran Khan raised an objection that Shehbaz Sharif failed to file a reply to the interrogatories in the form and manner required by Rules 6, 8 and 9 of order XI of the CPC within the specified time". The court noted that the reply was filed on March 16, 2022, though it was not in the shape of an affidavit as prescribed in statute.

In such circumstances, the plaintiff might be required to file an affidavit strictly in accordance with the prescribed form as this defect was curable and on this ground alone, the plaintiff could not be non-suited, the court held.

The court observed that it could ask the plaintiff to file the reply in accordance with the prescribed form but the plaintiff had already filed answers to the interrogatories on prescribed form on April 6, 2022.

Since the formal defect had already been rectified, therefore, the application was dismissed as it held no ground, the court noted.

The court adjourned further proceedings on the suit till May 20 and summoned counsel for parties.

Prime Minister Shehbaz Sharif, through the defamation suit, had submitted that PTI chief Imran Khan alleged in a tv programme on April 26, 2017, that the Rs 10 billion bribe offer was made to him by Shehbaz Sharif for silence over the Panama papers case. He said that allegations leveled against him were not only false but also defamatory. He said that Imran Khan also failed to tender a publicly broadcast apology despite the fact that he was served a legal notice in May, 2017 for the purpose. The court has been requested to issue a decree for recovery of Rs 10 billion as compensation for the publication of defamatory content in favor of the plaintiff.