An Act further to amend the Specific Relief Act, 1877

[Gazette of Pakistan, Extraordinary, Part-I, 21st June, 2023]

No. F. 23(104)/2020-Legis.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 21st June, 2023 is hereby published for general information:­

WHEREAS, it is expedient further to amend the Specific Relief Act, 1877 (Act I of 1877) in the manner and for the purposes hereinafter appearing;

It is hereby enacted as follows:–

  1. Short title and commencement.–(1) This Act shall be called the Specific Relief (Amendment) Act, 2023.

(2) It shall come into force at once.

  1. Amendment of Section 42, Act I of 1877.–In the Specific Relief Act, 1877 (I of 1877), for Section 42, the following shall be substituted, namely:-

“42. Discretion of Court as to declaration of status or right.–(1) Any person entitled to any character, or any right to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right, and the Court may in its discretion make therein a declaration that he is so entitled and the plaintiff need not in such suit ask for any further relief:

Provided that no Court shall make any such declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so.

(2) Notwithstanding anything contained in any other law for the time being in force, a suit filed under sub-section (1) shall be decided by the Court within six months and the appellate court shall decide the appeal not later than ninety days, as the case may be.”.

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