IN THE COURT OF SENIOR CIVIL JUDGE,

JARANWALA

Civil Suit No.______________/2018

1. Abdul Jabbar son of Khushi Muhammad

2. Shahid son of Khushi Muhammad

Both Ansari by caste, r/o 69-RB, Tehsil Jaranwala District

Faisalabad.

PLAINTIFFS

VERSUS

1. Manzoor Ahmed son of Muhammad Sardar, Caste

Arain,

2. Haroon Rasheed son of Abdul Rasheed

Both r/o 69-RB, Tehsil Jaranwala District Faisalabad.

DEFENDANTS

SUIT FOR RECOVERY OF DAMAGES RS.20,00,000/-

Respectfully Sheweth:-

1. That the concise facts giving rise to file the instant

plaint are that the plaintiffs are respectable law abiding

citizens of Pakistan. The defendant No.1 intentionally

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implicated the plaintiff No. 1 in a false criminal case

alleging therein that the plaintiff No. 1 committed

sodomy with his son whereas the defendant No. 2,

knowingly that the allegation of alleged sodomy against

the plaintiff No. 1 was false, fabricated and

afterthought, witnessed the of occurrence and also

supported the false allegation/version of defendant No.

1. Copies of FIR, Statements U/s 161 and statements

recorded during trial court are attached herein for the

kind perusal of this honorable court.

2. That after registration of case FIR No. ….. dated ……

u/s ….. Police Station, the investigation was initiated

and the plaintiff No. 1 was arrested on 24.08.2015. It is

pertinent to mention here that the result of DNA test

was in negative with respect to plaintiff No. 1. The

challan of the aforesaid FIR was submitted and the

name of plaintiff No. 1 was placed in column No. 3.

Copy of Challan is attached herein with kind perusal of

this honorable court.

3. That in the consequent of aforesaid false criminal case

and statements of defendants the plaintiff No. 1

awarded a sentence of six years rigorous imprisonment

along with fine of Rs. 20,000/- from the trial court. The

defendants misled the trial court and concealed the real

facts from the court. The object of this whole evil plan

was to damage the election of plaintiff No. 2/ real

brother of plaintiff No. 1 who was contesting election in

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the constituency of Union Council No. 22 Tehsil

Jaranwala on the seat of Chairman UC. This false case

had not only caused the plaintiff No. 1 the financial loss

as he was doing job in Sitara Textile and earning Rs.

20,000/- per month at that time but also damaged the

reputation of plaintiffs’ family and also became the

reason of defeat of plaintiff No. 2 in elections wherein

he secured 2100 votes. The plaintiffs spent huge

money, extra time and faced humiliation publically.

4. The plaintiff No. 1 after being aggrieved from the

judgment of trial court preferred a Crl Appeal No.

524/16 before the Lahore High Court Lahore which was

entrusted to Mr. Justice Sardar Ahmad Naeem,

honorable Judge Lahore High Court Lahore. The appeal

of plaintiff was not only accepted but the plaintiff No. 1

was also acquitted from the charge. The order of the

honorable court is reproduced as under;

13. This was the evidence brought to connect the

appellants with the commission of offence, but it is

not confidence inspiring and the witnesses and not

reliable the prosecution case against the

appellants was highly doubtful and they were

entitle to the benefit of doubt. The learned trial

court did not carefully appreciate the evidence and

drew wrong conclusion, thus the impugned

judgment cannot be sustained.

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14. For what has been stated above, giving them

the benefit of doubt, criminal appeal No. 524/2018

is allowed, the impugned judgment is set aside and

the appellants are acquitted from charges. They

shall be released forthwith if not required in any

other case. Copies of Criminal appeal and

judgment dated; 10.05.2018 are attached for kind

perusal of this honorable court.

It is pertinent to mention here that the defendant No. 1

preferred an appeal No.698/19 against the acquittal

where as defendant No. 2 also filed revision petition No.

409/16 for the enhancing punishment of plaintiff No. 1

before Lahore High Court, Lahore. The aforesaid appeal

and revision petition were dismissed vide consolidated

order dated 10.05.18, which is reproduced here;

For the reasons mentioned above, the

Criminal Appeal No. 698 of 2016 and Crl.

Revision No.409 of 2016 are also

dismissed.

5. That the plaintiffs suffered with great agony, anxiety,

mentally torture, humiliation publically, huge financial

loss due to this false and fabricated criminal case

which was objectively planned and executed by the

defendants and although it cannot be turned in shape

of money but as a token of it, defendants are liable to

pay the following damages separately and jointly:-

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Expenses of counsel etc Rs.5,00,000/-

Loss in business: Rs.15,00,000/-

Damage of reputation: Rs.15,00,000/-

Mental torture: Rs.15,00,000/-

Total: Rs.50,00,000/-

6. That the plaintiffs served a legal notice to the

defendants, but the defendants paid no heed to reply

the same. Copies of legal notices are attached for kind

perusal of this honorable court.

7. That the plaintiffs tried their level best to settle the

matter amicably but the defendants refused to accept

the legal, lawful and genuine demand of the plaintiffs,

hence this case.

8. That the cause of action arose in favour of the plaintiffs

and against the defendants firstly when the defendants

in league with each other lodged false FIR, against

plaintiff No. 1 and secondly, when the plaintiff No.1 was

acquitted from the charge in Appeal No. 524/16 from

the court of Mr. Justice Sardar Ahmad Naeem,

Honorable Judge Lahore High Court Lahore and lastly

when the plaintiffs served legal notices to the

defendants which they did not bother to respond and

still continue still continuing.

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9. That the parties to the suit are residing at Jaranwala,

therefore this Honorable court has jurisdiction to try

the suit.

10.That the value of the subject matter of the suit for the

purposes of court fee and jurisdiction is

Rs.50,00,000/-, and the requisite court shall be affixed

as per direction of honorable court.

PRAYER

It is, therefore, most respectfully prayed that a decree

for recovery of damages of Rs.50, 00,000/- may very kindly be

passed in favour of the plaintiffs and against the defendants

as per the detail mentioned above to the plaintiffs as damages

with costs.

Any other relief which this honorable court deems fit

may also very kindly be granted.

PLAINTIFFS

Through:

MIAN ARFAN GHANI

Advocate High Court

VERIFICATION

Verified on oath at Lahore on 18 th day of July, 2018that

the contents of paras No.1 to 7 are true to the best of my

knowledge and remaining paras No.8 to 10 are correct to the

best of my information and belief.

PLAINTIFFS
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IN THE COURT OF SENIOR CIVIL JUDGE,

JARANWALA

IN RE:
Muhammad Anar …..VS…..Mukhtar Ahmed.
***
LIST OF WITNESSES ON BEHALF OF PLAINTIFF
===========================================
1. Muhammad Iqbal son of Ghulam Yasin resident of
Chungi Amar Sidhu Kot Lakhpat Lahore.
2. Zulfiqar Ali son of Ahmed Din resident of New
Mozang Lahore.
3. Muhammad Ali son of Muhammad Najeeb Baig
residents of Tajpura Lahore.
4. Qamar Abbas son of Muhammad Javed
5. Muhammad Javed son of Muhammad Sharif
6. Muhammad Arshad son of Muhammad Siddique
7. Muhammad Athar son of Muhammad Razaq
8. Plaintiff himself as witness.
===========================================
ALL THE WITNESSES WILL SUPPORT THE CONTENTS OF THE
PLAINT AND TRUTHFULLY GIVE THE EVIDENCE IN RESPECT OF
FACTS, CIRCUMSTANCES MENTIONED IN THE PLAINT TO
SUPPORT VERSION OF THE PLAINTIFF.

PLAINTIFF
Through:

JAN MUHAMMAD TAHIR

Advocate High Court
st
Sadiq Plaza, 1 Floor, Room No.31,
The Mall, Lahore.

CH. WASEEM MERAJ

Advocate
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Dated: 06.07.2017