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Haji SHINKAI vs ABDUL SHAKOOR Ss — 2024 SCMR 344 SUPREME-COURT

Case information

Citation
2024 SCMR 344 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2024
Reporter
SCMR
Parties
Haji SHINKAI vs ABDUL SHAKOOR Ss
Subject matter
Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Haji SHINKAI VS ABDUL SHAKOOR Ss. 42 & 55---Suit for declaration and permanent injunction in respect of immoveable property---Incompetent suit---Relief---Scope---Whether, in an incompetent suit, relief could be moulded, and the plaintiff could be awarded that relief which he did not even pray, and in which he was not interested---Held, that the High Court found the suit filed by the plaintiff to be incompetent, but taking into account the admission made by defendant in his written statement that he had only obtained a loan of Rs.2,200,000 from the plaintiff, modified the decree of the Trial Court and held that the plaintiff was entitled to the recovery of the amount from defendant, subject to deposit of court fee within one month---Plaintiff neither sought this relief in his plaint nor was it the subject matter of the relevant framed issue, which was to the effect "whether the plaintiff is entitled to the relief claimed for?"---So, it could not be granted, particularly when it was found that the suit was not maintainable---Furthermore the plaintiff's counsel was asked whether the plaintiff, in compliance with the judgment of the High Court, had provided the Court fee within time, to which he replied in the negative and said that the plaintiff was not interested in the recovery of the amount---In such a situation, the modification in relief made by the High Court was not justified---Appeal filed by plaintiff was dismissed.

Other judgments reported in 2024 SCMR

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