Legal Question in Civil Rights Law in Pakistan

There are 2 defendants in a libel suit. One defendants named "A" wrote a defamatory article in newspaper on instigation of 2nd defendant "B".

Defendant "A" apologized to the defamed and publically retracting his defamatory words and saying that he was mislead by defendant "B". Also defendant "A" moved application on oath under Order XXIII Rule 3 Code of Civil Procedure 1908 in the Court that he was misled and instigated by defendant "B" to write the defamatory article. The Court approved compromise.

Is Defendant "A" admission and retraction in newspaper and stating on oath that he wrote defamatory article on the instigation and misleading of Defendant "B" admissible as evidence against Defendant "B".

Defendant "B" despite passing 2 years and about 14 hearings did not challenge or controvert retraction published by Defendant "A" in newspaper and statement given on oath in court by Defendant "A" that he wrote the article on the instigation of Defendant "B".

Please advise. I shall be most obliged.

Khan M. Wali


Asked on 12/22/13, 7:40 pm

1 Answer from Attorneys
Mian Arshid Farooq Mian Israr-ul-haq Law chamber Aiwan-e-auqaf Lahore

You can claim damages only from the person who has committed libal against you. The idea of stimulating some one for publishing a libal is not of much help to you in this situation as we have no concept of varacious libility in civil law.

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Answered on 1/02/14, 7:55 am


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