Supreme Court of India

Dr. Shehla Burney And. Others v. Syed Ali Mossa Raza (dead) by Lrs. and Ors.

Neutral citation
Reported as [2011] 5 S.C.R. 841
Bench G.S. Singhvi J.
Decided 21 April 2011

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

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

Where later benches applied it

Of those, 1 mentioned

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