Supreme Court of India
Dr. Shehla Burney And. Others v. Syed Ali Mossa Raza (dead) by Lrs. and Ors.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of the aforesaid admitted factual position and the legal questions discussed above, thi·s Court cannot affirm o the views taken by the High Court.
Judgment, page 12
From the headnote
CODE OF CIVIL PROCEDURE, 1908: O. 7, rr. 5 and 7 - Relief against defendants - Suit for c possession initially filed against a single defendant - Subsequently defendant-2 also added, but no relief claimed against him - HELD: In a case where prayer is not made against a particular defendant, no relief possibly can be granted against him - There is no prayer for possession either in the original plaint or in the amended plaint against defendant-2 - Defendant-2 being predecessor-in-title of the appellants, no relief can be granted against them - Besides, the possession of suit property remained…
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Where later benches applied it
Of those, 1 mentioned
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