PLD 2021 SC 715
Such an objection has earlier been agitated before, and decided by, the superior Courts of our jurisdiction in several cases. And the judicial consensus that has evolved is that courts are to look at the substance of the plaint not its form, and in appropriate cases the courts can mould the relief within the scope of the provisions of Order VII, Rule 7, Code of Civil Procedure Code, 1908 (“CPC”). The courts are empowered to grant such relief as the justice of the case may demand, and for purposes of determining the relief asked for or the relief to which the plaintiff is entitled, the whole of the plaint is to be looked. The provisions of Order VII, Rule 7 of the CPC empowers the courts to grant an effective or ancillary relief even if it has not been specifically prayed for.
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