In the light of judicial pronouncements, discuss the following: Courts generally do not grant relief, if not prayed for.

CS Professional · Drafting, Appearances and Pleadings · PYQS · December 2016
In the light of judicial pronouncements, discuss the following: Courts generally do not grant relief, if not prayed for.

Answer & Explanation:

A plain reading of Order VII Rule 7 makes it clear that it is primarily concerned with drafting of relief in a plaint. It is in three parts -- the first part directs that the relief claimed by the plaintiff simply or in the alternative shall be stated specifically. It incorporates in the second part the well settled principle that it shall not be necessary to ask for general or other relief which may always be given as the Court may think just on the facts of the case to the same extent as if it has been asked for. The third part says that in regard to any relief claimed by the defendant in his written statement, the same rule shall apply. Rule 7 of Order VII - Code of Civil Procedure, 1908 says that every plaint shall state specifically the relief which the plaintiff claims either simply or in the alternative, and it shall not be necessary to ask for general or other relief which may always be given as the Court may think just to the same extent as if it had been asked for. And the same rule shall apply to any relief claimed by the defendant in his written statement. {Rajendra Tiwary, vs. Basudeo Prasad and Another, AIR 2002 SC 136} The Supreme Court in Shehla Burney vs. Syed Ali Mossa Raza has reiterated that no relief can be granted against a party unless it has been specifically claimed in the suit or petition, as mandated by Order VII Rule(s) 5 & 7 of the Code of Civil Procedure. Rule 8 of Order VII - Code of Civil Procedure, 1908 says that if the plaintiff seeks relief in respect of several distinct claims or causes of action founded upon separate and district grounds, they shall be stated as far as may be separately and distinctly.

Topics: Civil Procedure Code, 1908

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