Order 7, Rule 7, C. P. C. gives unfettered jurisdiction to the Civil Court to grant any appropriate relief to a party. The pleadings in most cases are loosely drafted and therefore, the Courts are duty bound to take the entire pleadings into consideration to find out what relief a party is actually asking for and can grant such relief, even if such relief is not specifically asked for in the prayer portion of the plaint.
Order 7, Rule 7, C. P. C., the Civil Court has inherent power to grant either general relief or other relief which appears to it to be legitimate and proper in any case, even though such reliefs have not been specifically asked for. Where the Plaintiff comes with a claim of larger relief, but is found entitled to a lesser one, then in appropriate case, the suit need not be dismissed and such lesser relief may be granted to him, if it is found to be just and proper. The Court should not scrutinize the pleadings with such meticulus care so as to result in genuine claims being defeated on trivial grounds. The pleading has to be read as a whole to ascertain its true import and it is not permissible to cull out a sentence or passage and read it out of the context, in isolation. The intention of the party concerned is to be gathered primarily from the tenor and term of his pleading taken as a whole. In case as question arise as to whether a particular relief has been asked for, the whole of the plaint should be taken into consideration and the substance and not merely the form of the plaint, should be looked into. Under Order 7, Rule 7, C. P. C. the Court can grant a relief, which has not been speciffically prayed for, if the Court thought it just and proper that such a relief should be given.
The wording of Order 7, Rule 7, C. P. C. and the observation of the Apex Court and different High Courts thus propagate that even if the Plaintiff has not asked for a specific relief, such relief can be granted by the Court if in the opinion of the Court grant of such relief is just and proper.