MUHAMMAD SULEMAN vs Mst. AZIZ BEGUM

This matter concerns a petition for leave to appeal against concurrent findings of the lower courts, which dismissed the petitioner's civil suit seeking the cancellation of an exchange deed. The core legal question addressed is whether a court may refuse to grant relief in a civil suit solely on the technical ground that a formal declaration was not explicitly sought in the plaint, despite the underlying facts supporting the claim. The Supreme Court granted leave to appeal, holding that the absence of a specific prayer for declaration does not preclude the court from granting appropriate relief. The Court affirmed that it possesses the inherent power to mould the relief according to the circumstances of the case, allowing it to declare an exchange deed ineffective, void, and illegal, and to consider alternative prayers such as the possession of land. The key principle laid down is that procedural technicalities, such as the omission of a specific prayer for declaration, should not defeat the ends of justice when the court has the authority to grant effective relief based on the merits of the case.