Law: Civil Procedure Code (V of 1908)

Section:  O. VII, r. 7

(a) Civil Procedure Code (V of 1908)  O. VII, r. 7ReliefCourt empowered to grant such relief as justice of case may demandCourt, held, may always give general or other relief considered just to same extent as if specifically asked forImportant limitations however placed on power of Court to grant altered relief where plaintiff found not entitled to relief speci fically prayed for. Mohammad v. Atta Mohammad P L D 1975 Lar. 406 ref. (b) Civil Procedure Code (V of 1908) O. VII, r. 7ReliefNo relief can generally be granted upon facts and documents not disclosed in pleadings nor dealt with by issues or evidence and which other side not called upon or had no opportunity to meet. (c) Civil Procedure Code (V of 1908)  O. VII, r. 7ReliefPlaintiff asking for a particular relief on a specific ground, cannot be granted same relief on a different ground not disclosed in plaintAltered relief, held, can be granted on other grounds only if such other grounds not inconsistent with case of plaintiff as set out in pleadings and not leading to determination of issues embarrassing defendant. (d) Civil Procedure Code (V of 1908)  O. VII. r. 7ReliefCourt, held, not to grant relief to plaintiff on a different cause of action and on a ilea for which no foundation laid in pleadings. Date of hearing : 8th October, 1979.                                                                                                                                       JUDGMENT Since the trial and appellate Courts disposed of the two suit: filed respectively by the parties by common judgment, Civil Revision Appli cations Nos. 279/78 and 280/78 will be disposed of by this judgment. 2. Briefly the facts forming the background of these revision appli cations are that the applicant and respondent herein are real brothers. The controversy between the parties relates…