23/12/2024, 19:03 The Punjab Defamation Act 2024 of General Damages in favour of the Claimant on the basis thereof or such other material as the Tribunal may require in the interest of justice. (2) The Defendant shall file the application for leave to defend within thirty days of the date of first appearance before Tribunal, either personally or through a counsel/attorney having been instructed to appear on the date of hearing mentioned on any one of the modes of service laid down in sub-section (7) of section 11. (3) The application for leave to defend shall be in the form of a written statement and shall contain a concise statement of rebuttal of the averments of the claim and must contain substantial questions of law as well as fact in respect of which, in the opinion of the Defendant, evidence needs to be recorded. (4) The application for leave to defend may also contain the amount of Punitive Damages, if the Defendant wishes to claim such damages on the grounds of claim being false, vexatious, baseless and mala fide. (5) The application for leave to defend shall be accompanied by all the documents which, in the opinion of the Defendant, support the substantial questions of law and fact raised by him. (6) The Claimant shall be given an opportunity of filing a reply to the application for leave to defend, in the form of a replication. (7) On the date of filing of the leave to defend, the Tribunal shall, set down three dates of hearing of the choice of the Defendant or his counsel, affording opportunity of hearing to the Parties for deciding the application for leave to defend; provided, however, that these three dates of hearing shall remain confined so as to ensure that the application for leave to defend is decided within the stipulated period of thirty (30) days from the date of filing of the leave to defend, and this period shall not be extended under any circumstances nor shall the Tribunal grant any unnecessary adjournments during the course of the proceedings. (8) The Tribunal shall grant the Defendant leave to defend the claim if, upon consideration of the contents of the claim, the application for leave to defend and the reply thereto, it is of the view that substantial questions of law and fact have been raised in respect whereof evidence needs to be recorded. (9) While granting leave under sub-section (8), the Tribunal may impose such conditions as it may deem appropriate in the circumstances of the case, including conditions as to deposit of cash or furnishing of security. (10) Where the application for leave to defend is accepted, the Tribunal shall treat the application as a written statement. (11) Where the application for leave to defend is rejected or where a Defendant fails to fulfill the conditions attached to the grant of leave to defend, the Tribunal shall forthwith pass a preliminary decree of General Damages against such Defendant. (12) After the passing of the preliminary decree, the Tribunal shall fix the next date of hearing, within fourteen (14) days of the date of issuance of the preliminary decree, as a date for the settlement of further claim of damages and costs between the Parties. (13) In case the settlement as provided in sub-section (12) fails and Claimant seeks to pursue the case over and above the preliminary decree passed in the form of General Damages, the proposed issues along with the list of witnesses, documents and other material sought to be produced through process of the Tribunal shall be filed without fail by the Parties on next date of hearing fixed by the Tribunal, which date shall not be beyond fourteen (14) days, following the date fixed for settlement in terms of sub section (12). (14) On the next date of hearing, following the date fixed for the proceedings in terms of sub-section (12), the Tribunal shall schedule the trial proceedings and fix a punjablaws.gov.pk/laws/2884.html 9/13