can a court issue order on some facts brought out in the suit but do not form part of prayer

Querist : Anonymous (Querist) 18 April 2011 This query is : Resolved
my query is

1. can a court issue as part of the judgemen t some issues that come to light through the SUIT but not specifically prayer for in the PRAYER part of the suit.

i seek this query becuase in the end of the suit it is generally stated ' any other order that the court may deem fit'.

please enlighte

vinay kala

apr 18,11

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shrikant (Expert) 18 April 2011
Offcourse Hon'ble court may in the intrest of justice shall make any order ,it is not mandatory for Hon'ble court to pronounce judgement only on prayer clause

Naresh Kudal (Expert) 18 April 2011
Court can not grant relief which is not claimed. If there is a clause "as court deem fit" court can grant a relief which is necessary according to facts of the case.

Raj Kumar Makkad (Expert) 18 April 2011
It is difficult to be agree with Naresh. Courts have vital powers under Civil Procedure Code. Even if any party has not inserted words like"any other relief to which this court deems fit" even then if any material fact is available on file not specifically sought in relief even then court can give its finding thereon based upon the evidence brought on file. Courts are not restricted to the relief sought rather they have to decide matter based upon natural justice.

Naresh Kudal (Expert) 18 April 2011
Makkad Sir,
What about the rule that plaintiff should claim all the reliefs that are available for him. If he doesn't claim clearly, it will be treated as waived.

Parveen Kr. Aggarwal (Expert) 18 April 2011
Order 7, Rule 7 of the Code of Civil Procedure, 1908:

"7. Relief to be specifically stated: Every plaint shall state specifically the relief which the plaintiff claims either simply or in the alternative, and it shall not be necessary to ask for general or other relief which may always be given as the Court may think just to the same extent as if it had been asked for. And the same rule shall apply to any relief claimed by the defendant in his written statement."

Uma parameswaran (Expert) 18 April 2011

Court has the power for the end of justice and not for individual gain.

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