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IN A CASE WHERE PRAYER IS NOT MADE AGAINST A PARTICULAR DEFENDANT, NO RELIEF CAN BE GRANTED AGAINST HIM.

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Supreme Court of India in DR. SHEHLA BURNEY & ORS Vs. SYED ALI MOSSA RAZA (DEAD) BY LRS.& ORS. Coram of Justice : G.S. SINGHVI, Justice : ASOK KUMAR GANGULY held that the relief of possession could not be granted against the 2nd defendant as it was neither pleaded nor prayed for – Granting relief that was not prayed for goes to the root of the matter and could be raised for the first time before the Supreme Court – Appeal was allowed, decree passed by the High Court was set aside and that of the trial Court was confirmed.

1 comment:

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