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Judge Ayesha Malik. PHOTO: FILE
ISLAMABAD:
A three-member bench of the Supreme Court, headed by Justice Ayesha Malik, on Thursday heard a review petition filed by the PTI founder against termination of his defense rights in a defamation case.
During the proceedings, PTI founder Ali Zafar’s lawyer told the court that under the law, a plaintiff must file an application to have the defendant’s right of defense struck out. He said no such application had been filed in the present case.
The trial court had taken suo motu notice to terminate the defense although it had no legal authority to do so, he contended. Sitting on the bench, Justice Hashim Kakar observed that the PTI founder had submitted his initial response four years late.
Justice Malik asked whether the trial court had taken any action or imposed a fine for the delay in submitting the response. Zafar responded that although the court had the power to sue the defendant for failing to file a response, that power was never exercised.
