in case appellant makes application for amendment of appeal you can oppose application for amendment made after 30 years 

Even if he didn't have a prayer clause then too you didn't object to it. The high court too didn't see this omission. It remanded the matter. Now against this remand order of the high court you want to file a petition after 2012 ie 7 years.

You may have to explain why this lapse was objected to after 30 years.

If the case has merit then fight it in the trial court.

But you may challenge the order of the high court. There is nothing to lose.

First note that in the Memo of Appeal there is absolutely no requirement for prayer separately and then the appeal is not bad for this ground alone.

It is really bewildering as to how an appeal can remain pending for 30 years . If you got the decree and there is no stay on decree is in place as well then I wonder why have not filed any execution proceeding to implement the decree.

You do not seem to be vigilant about your rights and your advocate also does not seem to guide you in time.

Amendment application can filed in this case

Prayer is important part of appeal and pleadings are not prayer.

Law is clear, no relief unless not claimed. And absence of Prayer or No Prayer Means No Relief.

Allowing amendment depends on discretion of court. Long time good ground to decline amendment.

The Appeal indicates only How the trial court has made errors while passing the Judgment and decree.

the above is sufficient to conclude that the appellant/defendant is opposing the decree of TC decreeing the suit in favour of Plaintiff. The prayer/relief of setting the TC decree is thus implicit in the appeal pleadings itself. Thus mere absence of a prayer clause in my view would not come in the way of the appellant/defendant. It is also pertinent to note that had the prayer clause been so important, then the court registry would have raised objections in that behalf. This is a 30 years old matter and has traveled in 2 courts due to change in pecuniary jurisdiction. Both the courts have not raised any objections as regards missing prayer clause. Also in an appeal the party merely re-agitates what it had agitated before the trial court. An appeal is a continuation of the suit. 

-  A per Order VII, Rule 7 of CPC , Relief to be specifically stated.- Every plaint/appeal shall state specifically the relief which the plaintiff claims either simply or in the alternative, and it shall not be necessary to ask for general or other relief which may always be given as the Court may think just to the same extent as if it had been asked for.

- Further Pleadings are not prayer , hence in the absence of the Prayer clause , his Appeal was not maintainable before the appellate court . 

- And Further , as per Order 6, Rule 17-- Amendment at appellate stage - Cannot be allowed when amendment sought will completely change the nature of the cause of action and would seriously prejudice the rights which have already accrued to the defendant.

- Hence, if after passing a period of 30 years , there is no reason & ground for delay so long period , and if an application moved for amendment surely will be dismisses. 

Dear Sir,

This is a peculiar situation where prayer clause is missing and the case is entertained by court. But there is provision in CPC for amendment in pleading and the appellant can use this provision. At the same time, it is also necessary to inform that the present court may see that in the last during arguments or later. You are suggested to hold this fact and point out at the time of arguments and raise strong objections for modifications in plaint/appeal.    

There are both the options 

But The Original Plaintiff is more likely to get the benefit of the Prayer Clause Missing in the appeal.

Here The Appeal is technically wrong and may be asked to dismiss.

So, Yes there are many many chances that you will get the benefit.

Thanks 

Hi 

Since there is no prayer in the Appeal, the appeal is bound to be dismissed as courts cannot grant any relief unless and until it is specifically prayed for as per Order VII Rule(s) 5 & 7 of the Code of Civil Procedure.

The Supreme Court in Shehla Burney Vs. Syed Ali Mossa Raza has reiterated that no relief can be granted against a party unless it has been specifically claimed in the suit or petition, as mandated by Order VII Rule(s) 5 & 7 of the Code of Civil Procedure.

Please ask your advocate to file an urgent hearing petition and get the appeal itself dismissed 

Since much time has passed(30 years), court may not permit amendment of appeal to include the prayer and as such the said appeal itself is a frivolous appeal

Hope this information is useful.

Even though the relevant prayer column is missing in the appeal filed before high court, it may be noted that the high court has taken the appeal on its file which clearly indicates that the appeal is not suffering any defect.

In act high court has already passed an order to remand the matter to the trail court.

Therefore ther should not be a problem just because the prayer column was not included in the appeal.

The appeal has been preferred with grounds of appeal being clearly made, hence by not including the prayer, the appeal may not be termed as defective.

As the appeal has not been disposed the appellant may be allowed to file an amendment petition even at this stage. 

See.the appellant can pray for draft amendment and can add a prayer clause to appeal if court allows the draft amendment as he may take this ground that he is not aware of the procedure and procedural mistake by advocate should not effect appeal as 30 years has been passed , you have right to contest same.

1. If there is no prayer clause then appeal has to fail. Without prayer clause it cannot be gathered what the appellant wants the court to do.

2. The appeal can be amended with the permission of court.

Applicant can file an application seeking amendment of Appeal for adding Prayer Clause.

If such an application is made, you can oppose the same, stating that the same is filed after lapse of 30 years and say that the Appellant is not diligent is conducting the case, and that, if the same is not support by proper reasons / grounds on which it missed the Prayer Clause.  you have chances to succeed.

1. Appeal doenst contain prayer clause as it contains memorandum of appeal which consists of grounds of appeal. 

2. It will not benefit you in anyway as appellant can get opportunity to amend the appeal if there is some discrepancy in basic draft of appeal. 

1. As per the information mentioned in the present query, makes it clear that there has been an important prayer gone missing which has not been encountered after almost 30 years of the same appeal been pending.
2. I would like to apprise you that though there has not been any limitation for amendments wit respect to the years for the same, but yes, the same can be done subject to the stage of the said appeal.
3. If it is an important/ necessary prayer and the appeal is at still at the stage of making reply or replication then it may be allowed otherwise it won’t be an easy task as 30 years will come into picture.