Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O.VII, R.1(g) & S.115---Specific Relief Act (I of 1877), S.42---Suit for declaration---Prayer at the end of plaint missing---Effect---Objection relating to absence of prayer was not taken in grounds of revision as also before Appellate Court---While arguing revision petition such point was raised for the first time--­Petitioner could not be allowed to urge a point not specifically taken in revision petition as also in grounds of appeal---Relief claimed by plaintiff was, however, decipherable from reading of plaint as a whole---Plaint must be looked into as a whole in order to determine relief. Raoji v. Chaturbhuj A I R 1931 Nag. 198; Mst. Salina Abbasi and another v. Ahmed Suleman and 2 others 1981 C L C 462 and Samar Gul v. Central Government and others P L D 1986 SC 35 ref. (b) Specific Relief Act (I of 1877)--- ----S. 42---Civil Procedure Code (V of 1908), O.VII, RA(g) & S.115---Court was empowered to grant such relief as justice of the case demanded and for purpose of determining relief asked for, whole of the plaint must be looked into so that substance rather than form should be examined---Courts below had thus correctly granted relief to plaintiff which was decipherable from the reading of plaint as a whole and not inconsistent with the pleadings embodied in plaint---Revision was dismissed in circumstances. ORDER The brief facts leading to the institution of the present revision petition are that Rab Nawaz deceased, now represented by Sarfraz etc., his legal representatives, instituted a suit for declaration to the effect that he was the owner in possession of 24 kanals 17/1-2 marlas of land situated in the revenue estate of Golewali Khata No. 159/157 Khatooni No.443,. 445 and that the defendants/petitioners were debarred to redeem the property with the consequential relief restraining the defendants/petitioners permanently from posing themselves as owners of the disputed property. It was further prayed that . the Revenue Department be directed not to make alteration in the Revenue Record in favour of the petitioners. A similar declaration was also prayed for in the same suit in respect of 12 kanals of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492