Relief

  1. A party in civil litigation cannot claim reliefs in pieces but at the same time cannot club inconsistent pleas having no nexus with each other. Javed Iqbal and 5 others  v. Social Welfare Deptt. and 5 others 2004 SCR 435 (E)
  2. Relief — Claim of — A negligent and indolent party cannot claim any relief as of right. Kafait Ali  v. Muhammad Hanif 2004 SCR 232 (E)
  3. The relief can be awarded according to the changed circumstances of the case. [On basis of possession over Shamlat Deh, no decree for adverse possession could be passed. Appeal was dismissed by Supreme Court]. Muhammad Bashir v. Azad Govt. 2013 SCR 185 (C)
  4. For the ends of justice if the relief, which flows from the pleadings and also proved from the evidence, the Courts are empowered to mould and grant the same — Principle of law. Muhammad Ramzan v. Muhammad Latif  and 34 others 2013 SCR (SC AJ&K) 326 (A)
  5. If a party fails to bring on record the necessary material facts on which the relief is claimed and fails to specifically state and claim the relief, the Courts and not bound to grant such relief merely on the basis of verbal request — Rule of pleadings. Muhammad Saeed Akhtar and 8 others v. AJK Govt 2013 SCR (SC AJ&K) 365 (A)
  6. It was not prohibited by law that in the suit where plaintiff has claimed more than one remedies and same are proved and also can be granted under law, the Court cannot grant the same. Dilnawaz Begum v. Muhammad Akbar Khan Afridi and 4 others 2013 SCR (SC AJ&K) 1184 (B)
  7. It is also a celebrated principle of law that relief is granted to a party who knocks the door of the Court. M. Rafique Ch. v. Muhammad Yaqoob Janjua 2015 SCR 1514 (B)  2001 SCR 415, rel.
  8. —without claiming of—suo-motu granted by the Court effect of—Held:- is not permissible in law. Mukhtar Hussain & another v. Farhat Bibi & another 2017 SCR 1086 (B)  Mazhar Iqbal vs. Afzal Iqbal and others (Civil Appeal No. 13 of 2016 decided on 14.12.2016), rel.
  9. —Grant of relief to a non-appealing party—exercise of inherent powers—Held: the accused has not challenged his conviction before this Court through separate appeal, this court can grant relief to a non-appealing party in exercise of inherent powers, if proper case is made out. Shahzad & others vs Rana Qamar & others 2018 SCR 727 (C),
  10. —grant of —-[2018 SCR 31] (G)
  11.  — the High Court is competent to grant any sort of relief which is consequential upon the main relief. M. Tabassum Aftab Alvi v. Raja Waseem Younis & 6 others 2020 SCR 1 (l)
  12. — According to the celebrated principle of law, relief is granted only to the person who knocks the door of the Court. Sultan Mehmood  Versus Commissioner Mirpur Division & 4 others 2021 SCR 89 (C)2015 SCR 1514 ref.
  13. — No doubt the Court has ample power to alter and mould the relief even if it is not prayed for but at the same time only that relief can be granted which is akin to or flows out of the main relief prayed for by the party and not such a relief which is alien to the pleadings of the parties. Habib-ur-Rehman v. Ch. Shoukat Aziz & others 2023 SCR 229 (A)  2003 SCR 22 ref.
  14. — Courts always grant the relief to such an aggrieved party who knocks the door of the Courts. Natinoal Highway Authority versus Muhammad Nazir & others 2023 SCR 707 (A) 2015 SCR 1514, 2016 SCR 586 & 2017 SCR 1086 ref.
  15. — it is settled principle of law that the relief which is not part of the pleadings of the parties, cannot be given by the Courts. Department of Elementary & Secondary Education  versus Raja Naveed Khan & others 2023 SCR 601 (A) 2023 SCR 229 rel.
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