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:
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“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.
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TAHIR HUSSAIN
Secretary