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Tuesday, November 26, 2024

No pleading, no relief can be granted

Trojan & Co. Ltd. v. Nagappa Chettiar, (1953) 1 SCC 456

Decision of a plaint cannot be on grounds outside the pleadings, without amendment of the plaint, court was not entitled to grant relied not asked for

"It is well settled that the decision of a case cannot be based on grounds outside the pleadings of the parties and it is the case pleaded that has to be found. Without an amendment of the plaint, the Court was not entitled to grant the relief not asked for and no prayer was ever made to amend the plaint so as to incorporate in it an alternative case ." See ¶ 38

Chikkathammiah v. Chikkahutchiah, 1976 SCC OnLine Kar 126;   ILR 1976 Kar 1697 : AIR 1977 Kar 99 

Defendants raised the objection that suit was not maintainable unless a relief for cancellation of sale deed was asked for. The munsiff court agreed and same was upheld by HC.- that even when the plaintiffs were not a party to sale deed they still had to seek relief for cancellation ( see ¶ 2-4 )

Krishna Priya Ganguly v. University of Lucknow, (1984) 1 SCC 307

When High Court granted relief which the respondent never prayed for, this was reproached by the SC. (i.e issued mandamus to admit student when the prayer was for a writ directing the college to consider him for admission) See ¶ 26

Om Prakash v. Ram Kumar, (1991) 1 SCC 441

A party cannot be granted a relied not claimed, if grant of such relief results in serious prejudice to the interested party and deprive him of rights under statute,

(here in action by landlord against tenant, it is necessary that the landlord seeks to enforce that cause of action in the same proceedings by suit at the amendment or by separate proceedings to entitle the landlord to relief on the basis of such cause of action. Principle of moulding relief does not apply here)

See  ¶ 4 at pg 445 last 6 lines

Anathula Sudhakar v. P. Buchi Reddy, (2008) 4 SCC 594

Suit for declaration and injunction,  prayer for declaration is necessary if the denial of title by the defendant raises doubts on P's property .

¶ 32. civil cases are circumscribed by the rules of pleadings, nature of relief claimed –

"predicament of the plaintiffs was brought upon themselves by failing to convert the suit to one for declaration even when the written statement was filed and by not seeking amendment of issues to include an issue of title"

[see ¶¶ 13,14] See notes on LiqT. ¶21 also ¶32

Bharat Amratlal Kothari v. Dosukhan Samadkhan Sindhi, (2010) 1 SCC 234.

General Principle of CPC- Court cannot grant relief not prayed for. ""Though the Court has very wide discretion in granting relief, the Court, however, cannot, ignoring and keeping aside the norms and principles governing grant of relief, grant a relief not even prayed for by the petitioner." [¶ 30]

Akella Lalitha v. Konda Hanumantha Rao, 2022 SCC OnLine SC 928

"relief not found on pleadings should not be granted. If a Court considers or grants a relief for which no prayer or pleading was made depriving the respondent of an opportunity to oppose or resist such relief, it would lead to miscarriage of justice." (SLP based on child custody matter under the family law)

¶16-17

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