Relief Not Prayed For By Plaintiff Can't Be Granted Particularly When Defendant Didn't Get Opportunity To Resist It: Kerala High Court
Live LawThe Kerala High Court has held that a Court cannot give a relief which was not prayed by the plaintiff especially when the defendant did not have an opportunity to raise pleadings in the matter. Justice K. Babu observed: “It is trite that consideration for the grant of relief when there is no prayer for that relief or no pleading to support such a relief, and also when the defendant had no opportunity to resist and oppose such relief would amount to miscarriage of justice.” The petition was filed by Trivananthapuram Citizens Protection Forum against M.A.Sathar. The suit was originally filed before the Additional Munsiff Court seeking a mandatory injunction to remove the encroachment upon the Fort. 1406 of 2004 Case Title: M. A. Sathar and Others v Thiruvananthapuram Citizens Protection Forum and Others Citation: 2024 LiveLaw 425
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