Surjeet Singh and Another vs Hushmukh Mehta and Others

Heard Learned Counsel for the parties.

This Appeal has been filed against the order dated 22.10.2003 passed by the High Court of Judicature at Jabalpur Madhya Pradesh in First Appeal No. 228 of 203.

The facts of the case have already been set out in the impugned judgment of the High Court and hence we are not repeating the same here.

In the impugned judgment, the High Court has held that the Plaintiff (appellant herein) is entitled to a sum of Rs 1,50,000/- but the High Court has said that since no consequential relief has been prayed for, relief cannot be granted.

We have perused the plaint in the case and we are of the opinion that consequential relief has been prayed for. This is evident from relief (1) mentioned in the plaint. That relief states that the Plaintiff is entitled to get Rs. 1,50,000/- as per paragraph 7 of the agreement to sell. In our opinion the relief should not be construed in a hypertechnical manner.

In the circumstances, the appeal is allowed, impugned judgments of the High Court and of the A.D.J. are set aside and the decree is passed to the extent that the appellant herein is entitled to a sum of Rs. 1,50,000/- to be recovered from the Defendant-Respondent. No costs.