AMENDED PLAINT BEFORE THE HONORABLE SENIOR CIVIL JUDGE, ISLAMABAD Recovery Suit.______ /23 Haji Sardar Khan son of Zari Gul Permanent Residence, Sikander Khel Bala Wala Khel District Bannu, Presently Residence: I -8/3 Street No.52 House No. 33-A Islamabad. .......Plaintiff Versus Waheed Khan son of Shehzada Khan Permanent Residence, Sikander Khel Bala Wala Khel District Bannu, Presently I -8/3 Street No.52 House No. 33-A Islamaba …….Defendant SUIT FOR DECLARATION, RECOVERY OF DAMAGES TO THE TUNE OF Rs. 4,15,00,000/- ON ACCOUNT OF MALICIOUS PROSECUTION, CAUSING MENTAL TORTURE, LOSS OF REPUTATION AND LOSS TO BUSINESS, EXPENSES INCURRED IN FIGHTING FRIVOLOUS CASES OF CIVIL AND CRIMINAL NATURE ALONG WITH COSTS OF LITIGATION AND EXPENSES. That the Plaintiff had filed an application seeking amendment in the plaint under OVI, Rule 17 OF CPC, 1908 which was most graciously allowed by this Honorable Court. The instant Amended plaint is being filed pursuant to the permission accorded and orders passed by this Honorable Court. Necessary, suitable, appropriate and approved amendment has therefore been made in the title and the prayer clause of the Plaint. ================================ Value of the suit for the purpose of Court fee: Rs. 4,15,00,000/Value of the suit for the purpose of jurisdiction: Rs. 15,000/- Deficiency of court fee will be corrected as per the directions of the Hon’able Court. ================================== The Plaintiff humbly submits as under:- 1. That the Plaintiff is a law abiding citizen having all his rights and interests protected under the provisions of Constitution of Islamic republic of Pakistan, 1973. Plaintiff belongs to a respectable family of District Banu Islamabad and Dubai and enjoys a good reputation in each of these localities and commands good reputation in his neighborhood. 2. That the Plaintiff has never indulged himself in any illegal activities hence, the record of the Plaintiff is unblemished and unconditionally clear in this regard as the Plaintiff has earned a good reputation in the society particularly in District Banu and Islamabad. 3. That the Defendant with malafide intentions had lodged FIR No.332 under section 420/489-F PPC on 05/04/2021 at P.S Saddar Banu and in the said FIR the Plaintiff was placed in columned No.3 and his arrest was differed by the Investigating Officer being innocent, insufficient evidence and thus his Bail Before Arrest was consequently withdrawn from the concerned court. The case is under trial before the Judicial Magistrate Banu and in the same, the Defendant started employing delaying tactics such as not producing his entire evidence and by way of filing several miscellanies petitions in respect of same criminal case with the only purpose to disturb the life and his business of Plaintiff. The Defendant proceeded with this knowing fully well that there was no evidence against the Plaintiff. 4. That, beside this, the Defendant with mala fide intentions filed a civil suit against the Plaintiff before the court of Learned Additional District Juudge, Banu under order XXXVIII CPC, which was dismissed due to lake of jurisdiction. Assailing the same the Defendant filed an First Appeal against Order No. 156 of before the Hon’able Peshawar High Court at Banu on dated 11/08/2022, which was also dismissed and the order of the lower court was maintained. (Copies of the suit and orders are attached with the Plaint). 5. That in the criminal case detailed supra, the investigation officer placed the name of Plaintiff in column No.3 of complete challan and against the same, the Defendant who was hell bent on dragging the Plaintiff in his malicious spell of frivolous litigation, filed writ petition No. 822-B of 2021 against the Plaintiff and the August High Court Banu dismissed of the defendant on 26/05/2022. (Copies of the Orders are annexed with the Plaint). 6. That thereafter and in spite of the orders passed by the competent courts upto the level of Honorable High Court, the Defendant once again by concealing the already decided cases and orders issued by the Honorable Courts, on the same cause of action filed another Revision Petition before the learned Sessions Judge, Banu against the order of JMIC Banu dated 24-11-2021 and the same was also dismissed vide order dated 01-07-2022. (Copies of the Orders are annexed with the Plaint). 7. That, the Defendant further filed a BCA petition in criminal case in the court of Sessions Judge, Bannu against the order dated 24/11/2021 against the Plaintiff with mala fide intents but the same was also dismissed. (Copies of the Orders are annexed with the Plaint). 8. That as a direct consequence to the above illegal acts tainted with malicious and mala fide intentions at the part of the Defendant, the Plaintiff suffered a mounting and exponential amounts of loss in terms of mental agony, mental tortures, loss of his reputation in the society, litigation costs and expenses and loss in business, hence, the Plaintiff is entitle for the decree of amount which adds up to Rs. 4,15,00,000/- against Defendant on each one of the accounts mentioned supra calculated collectively. 9. That, the Defendant had absolutely no cause to sue the Plaintiff in false and frivolous cases but he knowingly did with clearly mala fide and malicious intentions that are manifest from the conduct of the Defendant and proceedings, therefore, as per law, the Plaintiff is entitle for a decree of Rs. 4,15,00,000/-. 10. That the Defendant was asked time and again to make good the loss he caused to the Plaintiff on account of the above-mentioned damages but in vain hence, the present suit. That prior to institution of the instant suit, a legal notice was issued to the Defendant but he did not pay any heed to an amicable settlement of the case hence this Suit. The cause of action accrued to the Plaintiff upo0n instituting these malafide and malicious civil and criminal proceedings and upon refusing the amicably settle the loss caused by him to the Plaintiff which is still continuing. 11. That since Plaintiff and Defendant both are residing within the limits of this Hon’able court therefore, this Hon’able court has ample jurisdiction to entertain the instant suit and adjudicate upon the same. 12. That value of the suit for the purpose of Court fee and Jurisdiction have been mentioned at the head note of the Plaint and this Hon’able court has the jurisdiction to entertain the same. PRAYER In light of the foregoing, it is therefore, most humbly prayed that suit of the Plaintiff may kindly be decreed to the effect: A Decree for Declaration to the effect that the Plaintiff stands entitled of the damages as prayed for; and Decree of recovery of damages to the tune Rs. 4,15,00,000/- on account of malicious prosecution, causing mental torture, loss of reputation and loss to business, expenses incurred in fighting frivolous cases of civil and criminal nature along with costs of litigation and expenses, with cost of this suit. Any other relief which this Honorable court deems fit may also be granted to the Plaintiff in the best interest of justice. Plaintiff_____________________ Haji sardar Khan Through CERTIFICATE: Certified on oath on this _______day of _____________ 2023 that the contents of Para No. 1 to 10 are true and correct to the best of my knowledge and belief while rest of the paras are also believed to be true and correct and nothing has been concealed therefrom. Plaintiff Note;-That any other documents shall be presented at the time of evidence with prior permission of the Hon’able court. AMENDED PLAINT BEFORE THE HONORABLE SENIOR CIVIL JUDGE, ISLAMABAD Recovery Suit.______ /23 Haji Sardar Khan Versus Waheed Khan SUIT FOR DECLARATION, RECOVERY OF DAMAGES TO THE TUNE OF Rs. 4,15,00,000/- ON ACCOUNT OF MALICIOUS PROSECUTION, CAUSING MENTAL TORTURE, LOSS OF REPUTATION AND LOSS TO BUSINESS, EXPENSES INCURRED IN FIGHTING FRIVOLOUS CASES OF CIVIL AND CRIMINAL NATURE ALONG WITH COSTS OF LITIGATION AND EXPENSES. AFFIDAVIT I, Haji Sardar Khan son of Zari Gul Permanent Residence, Sikander Khel Bala Wala Khel District Bannu, Presently Residence: I-8/3 Street No.52 House No. 33-A Islamabad, hereby solemnly affirm and declare that: 1. That the above titled Petition is filed by me; 2. That the contents of the accompanying Petition are true and correct to the best of my knowledge and belief and that nothing has been concealed. Deponent Verification Verified on oath on this ________ day of ________ 2023 at Islamabad that the contents of the above affidavit are true and correct to the best of my knowledge and belief and that nothing has been concealed or suppressed therefrom. Deponent AMENDED PLAINT BEFORE THE HONORABLE SENIOR CIVIL JUDGE, ISLAMABAD Recovery Suit.______ /23 Haji Sardar Khan son of Zari Gul Permanent Residence, Sikander Khel Bala Wala Khel District Bannu, Presently Residence: I -8/3 Street No.52 House No. 33-A Islamabad. .......Plaintiff Versus Waheed Khan son of Shehzada Khan Permanent Residence, Sikander Khel Bala Wala Khel District Bannu, Presently I -8/3 Street No.52 House No. 33-A Islamaba …….Defendant SUI T FOR DECL ARATI ON, RECOVERY OF DAM AGES TO THE TUNE OF Rs. 4,15,00,000/- ON ACCOUNT OF MALI CIOUS PROSECUTI ON, CAUSI NG MENTAL TORTURE, LOSS OF REPUTATI ON AND LOSS TO BUSI NESS, EXPENSES I NCURRED IN FI GHTING FRI VOLOUS CASES OF CI VIL AND CRI MINAL NATURE ALONG WI TH COSTS OF LI TI GATI ON AND EXPENSES. SCHEDULE OF DAMAGES SUSTAINED BY THE PLAINTIFF AS PER DETAILS MENTIONED BELOW Mental agonies & torture Rs.1,00,00,000/- Loss of Reputation Rs.1,00,00,000/- Malicious Prosecution Rs. 50,00,000/- Prosecution of the case Rs. 50,00,000/- Fee of the counsel & Diyet Money Rs. 15,00,000/- Loss in business at Dubai Rs. 1,00,00,000/- Gran Total Rs. 4,15,00,000. Haji sardar Khan Through AMENDED PLAINT BEFORE THE HONORABLE SENIOR CIVIL JUDGE, ISLAMABAD Recovery Suit.______ /23 Haji Sardar Khan Versus Waheed Khan SUIT FOR DECLARATION, RECOVERY OF DAMAGES TO THE TUNE OF Rs. 4,15,00,000/-ON ACCOUNT OF MALICIOUS PROSECUTION, CAUSING MENTAL TORTURE, LOSS OF REPUTATION AND LOSS TO BUSINESS, EXPENSES INCURRED IN FIGHTING FRIVOLOUS CASES OF CIVIL AND CRIMINAL NATURE ALONG WITH COSTS OF LITIGATION AND EXPENSES. LIST OF DOCUMENTS ALONG WITH THE PLAINT 1. Suit in original 2. Copy of suit under order 37 and orders 3. Copy of Writ petition and order 4. Copy of revision 5. BCA and order 6. Order of Judicial Magistrate 7. Copy of legal notice 8. Copy of suit 9. Copy of FAO and order 10. FIR 11. Wakalat Nama Haji sardar Khan Through AMENDED PLAINT BEFORE THE HONORABLE SENIOR CIVIL JUDGE, ISLAMABAD Recovery Suit.______ /23 Haji Sardar Khan Versus Waheed Khan SUIT FOR DECLARATION, RECOVERY OF DAMAGES TO THE TUNE OF Rs. 4,15,00,000/-ON ACCOUNT OF MALICIOUS PROSECUTION, CAUSING MENTAL TORTURE, LOSS OF REPUTATION AND LOSS TO BUSINESS, EXPENSES INCURRED IN FIGHTING FRIVOLOUS CASES OF CIVIL AND CRIMINAL NATURE ALONG WITH COSTS OF LITIGATION AND EXPENSES. LIST OF DOCUMENTS ALONG WITH THE PLAINT Plaintiff Haji Sardar Khan Through
