Relief can be granted only in relation to prayers
The Para 16 of the SC judgement in Bachhaj Nahar v Nilima Mandal & Others [AIR 2009 SC 1103] states that a court cannot make out a case not pleaded. The court should confine its decision to the question raised in pleadings. Nor can it grant a relief which is not claimed and which does not flow from the facts and the cause of action alleged in the plaint.
The judgement adds that it is fundamental that in a civil suit, relief to be granted can be only with reference to the prayers made in the pleadings and therefore, it would be hazardous to hold that in a civil suit whatever be the relief that is prayed, the court can on examination of facts grant any relief as it thinks fit.
That means, in a suit for recovery of Rs.one lakh, the court cannot grant a decree for Rs. Ten lakhs.
Similarly, in a suit for recovery possession of property `A’, court cannot grant possession of property `B’.
Likewise, in a suit praying for permanent injunction, court grant a relief of declaration or possession. The jurisdiction to grant relief in a civil suit necessarily depends on the pleadings, prayer, court fee paid, evidence let in, etc.
Reference
- Bachhaj Nahar v Nilima Mandal & Others [AIR 2009 SC 1103]
