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.”
Lahore High court
Civil Revision
1250088.1744-11
2018 LHC 2340
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