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IN THE COURT OF SARDAR HAMID HUSSAIN
CIVIL JUDGE IST CLASS, RAWALPINDICivil Suit No.1420 Dated 11.02.2008
Date of Decision 27.07.2012
1). Magray Tanzeem (Registered) ;
2). Magray Educational Society (Registered).
Both through its Secretary General Liaqat Ali Khan Magray son of Muhammad Azam Khan – resident of Girja Road, Kashmir Colony, Rawalpindi.
1). Sardar Muhammad Shafi Khan retired Account Officer – resident of Motarian (Khaigla) Rawlakot AJ&K – presently resident of House No.1956 Street No.27 Ward No.8, Peoples Colony (Allama Iqbal Colony) Rawalpindi.
2). Graphic Zone, Qaiser Plaza, Sadar Rawalpindi.
3). Samreez Printers, Liaquat Road, Rawalpindi.
4). Public at Large.
SUIT FOR DAMAGES, DECLARATION, PERMANENT AND MANDATORY INJUNCTION
Brief facts of the instant suit are that the Magray Tribe is Ancient Prominent Marshal Tribe of Kashmir who are Khashtri Rajputs by caste ( ); that the words “Magray” and “Magri” are used for same tribe and there is no difference between these two words; that the plaintiff No.1 is representative of Magray Tanzeem and that the defendant No.1 with active connivance of defendants No.2 & 3 authored and compiled a controversial and objectionable book on Magray Tribe titled “Tareekh Qoum Magri” exposing the Tribe as Turk Mughals by caste ( ) also by alleging that words “Magray” and “Magri” are used for different tribes, which injured the reputation of the Tribe; that Magray tribe is Khashtri Rajput by caste which is evident from renowned history books; that defendant No.1 was required through Jirgas and otherwise, not to write the Magrays as descendants of Turk Mughals and to delete the controversial material from his book but he refused. Hence the defendants be restrained from publishing, selling and circulating this objectionable book in any manner. Hence this suit for damages, declaration, permanent and mandatory injunction.
2. The defendant No.1 filed written statement by raising preliminary objections of dismissal of plaint under Order VII Rule 11 CPC, bar of jurisdiction, malafide and unclean hands. On facts he controverted that there is no registered body in the name of Magray Tribe nor the plaintiff is authorized representative of any Organization / Tanzeem and maintained that the impugned book is based on cogent facts and evidence. The defendant No.2 – Graphic Zone filed written statement by maintaining that it is a professional service provider entity providing digital services in the good faith to any of the concerned customer in the open market and the answering defendant has not personal acquaintance or affiliation of whatsoever nature either with the plaintiffs or any of rest of the defendants, therefore, the suit to its extent is false, frivolous and vexatious for which they are entitled to special costs. The defendant No.3 also filed written statement by raising preliminary objections that he is neither necessary nor proper party. Also raised objections of cause of action and
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