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The Specific Relief (Amendment) Act 2023 (Act No. XXXIII of 2023) (1)

NATIONAL ASSEMBLY SECRETARIAT

Islamabad, the 22 11d June, 2023

No.F.23(104)/2020-Legis.- The following Act of Majles-e-Shoora (Parliament) received the assent of the President on the 21 st Jun, 2023 is hereby published for general information: ACT NO. xxxlll OF 2023

An

Act further to amend the Specific Relief Act, 1877

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.

2.    

Amendment of section 42, Act I of 1877.- In the Specific Relief Act, 1877 (I of 1877), for section 42, the following phall 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 bc 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.

TAHIR HUSSAIN

Secretary

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