You cannot seek a relief in court if same was never prayed in main suit

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Shubham Budhiraja[1]

Mr. A filed suit against his company seeking a declaration that Mr. A be made permanent and seeking permanent injunction restrain his termination. However, Mr. A was terminated by giving 3 months’ salary as per the contract. He filed Interlocutory application (I.A) seeking arrear of his salary. The Delhi High Court denied it stating that relief in I.A cannot go beyond the main relief. There is no prayer in plaint seeking arrear of salary. It further held that ‘an interim relief can be granted only in aid of, and as ancillary to, the main relief which may be available to the party on final determination of his rights in a suit or proceeding’. If this be the purpose to achieve which power to grant temporary relief is conferred, it is inconceivable that where the final relief cannot be granted in the terms sought for because the statute bars granting such a relief ipso facto the temporary relief of the same nature cannot be granted[2].

 

 

 

 

 

 


[1] Advocate, Delhi High Court, shubhambudhiraja02@gamil.com

[2] CS(OS) 324/2018, 25.04.2022, Delhi High Court

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