Law:

Section:

(a) Civil Procedure Code (V of 1908) --------- ----------S. 151 --------- Claim --------- Inherent powers under S.151, C.P.C. --------- Scope --------- Defendant (student) was awarded scholarship for completion of studies but he failed to complete the same and educational institution filed suit for recovery of amount of scholarship and penalty thereof --------- Defendant, during pendency of suit moved an application for release of passport and issuance of NOC which was accepted concurrently --------- Validity --------- Relief granted through the impugned order could not be granted under the procedural law --------- Concept of set-off could only be applied if defendant had raised cross claim --------- Defendant had not raised any such claim in his written statement --------- Main suit was for recovery of amount in which defendant could at the most claim set-off only to the extent of his amount if any and other claim i.e. release of passport as well as NOC was beyond the scope of subject matter of lis --------- Trial Court could not extend such relief while exercising its powers under S. 151, C.P.C. beyond the pleadings --------- Inherent powers did not mean unlimited powers --------- When relief claimed in the application had not been put forward in plaint or written statement then opposite party had not been given fair chance to explain the reasons --------- Inherent powers could only be exercised when powers of courts were not well defined in the procedural law or where the circumstances so warranted in aid to decide the controversial issues within the parameters of law --------- Subject matter which was not before the court or which had not been agitated before the court through pleadings could not be decided --------- Trial Court had exercised the jurisdiction not vested in it --------- Impugned order was set aside and Trial Court was directed to conclude the trial of the case within two months --------- Defendant would be at liberty to seek his relief of release of passport and issuance of NOC through independent proceedings from the competent court of law --------- Revision was dismissed in circumstances. PLD 2011 SC 151 ref. Mst. Amina Begum and others v.…

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