Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 42---Civil Procedure Code (V of 1908), Ss. 47, 115 & O.XXI, R.10---Suit for declaration---Execution of decree---Relief not granted in decree---Effect---Suit filed by plaintiff was decreed to the extent of reinstating her in service but plaintiff while seeking execution of decree sought recovery of back benefits---Executing Court declined recovery of back benefits as the same was not claimed in the plaint but Lower Appellate Court allowed the same---Validity---Plaintiff claimed only reinstatement in service, which relief was granted by Trial Court, however, plea with regard to grant of back benefit for intervening period was not acceded to as the same was not called for therein---Court executing the decree could not go behind it and allow its validity to be impugned---When a plea was not specifically asked for by an aggrieved person, the Court seized of the matter was not supposed to allow the same---High Court in exercise of revisional jurisdiction, set aside the order passed by Lower Appellate Court---Revision petition was allowed in circumstances. 1994 SCMR 22; 2002 CLC 1609 and 2004 CLC 1449 ref. ORDER WAQAR AHMAD SETH, J.---This judgment shall also decide Civil Revision No.1622 of 2011 as both these petitions are outcome of one and the same judgment of learned Additional District Judge-II, Charsadda. 2. The petitioners have assailed the judgment of learned Additional District Judge-II, Charsadda dated 19-9-2011 whereby appeal of the respondent was accepted and the order of learned Civil Judge-III, Charsadda dated 3-2-2011 has been set aside. 3. Short but relevant facts of the case are that the respondent filed a suit for decree of declaration against the petitioners to the effect that she was appointed as Sweeper on contract basis by petitioner No.2 vide appointment order bearing No.1(4)/2006-2007/Admn dated 15-12-2007, who in consequence thereof submitted arrival report and joined her duties accordingly. Subsequently, the said petitioner through his letter dated 11-1-2008 cancelled/recalled her appointment, which is against law, facts and the principle of natural justice as no charge sheet or show-cause notice…

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