Plaint to that extent and direct him to pray court-fee,

The denial of relief to a party simply on the ground that consequential relief was not claimed would, in no circumstances, advance the cause of justice. It has been held time and again that the natural result of declaration would be that consequential relief has to be given by the Court even if it is not claimed. The trial Court in such like circumstances may call upon a party to amend the plaint to that extent and direct him to pray court-fee, if any. Reliance in this respect is placed upon the case of Ahmad Din v. Muhammad Shafi and others (PLD 1971 SC 762) where it was observed as under:- 

“The contention of the learned counsel for the appellant that the suit could not fail merely by reason of the fact that the consequential relief by way of possession had not been claimed is not altogether without substance. If his suit was otherwise maintainable and he was otherwise entitled to the relief it was open to the Courts to allow him to amend the plaint by adding a prayer for possession and paying the appropriate ad valorem court-fees and then to grant him relief even though he had not specifically asked for it.”

Part of Judgment
Lahore High court
Civil Revision
1250088.1744-11
2018 LHC 2340

0 comments:

Post a Comment

Powered by Blogger.

Case Law Search