Relief — Moulding of relief — Where, after a full-fledged trial, the Court records findings establishing the entitlement of a person connected with the litigation though the plaintiff, in the capacity in which the suit was instituted, is found not entitled to the relief claimed, the Court may, in exceptional circumstances, mould the relief in favour of the person legally entitled, instead of driving such person to a fresh suit, provided the controversy has been fully adjudicated, no prejudice is caused to the opposite party, and such course alone would shorten litigation and render complete justice. (Paras 20–24) Alternative formulation Civil Procedure — Moulding of relief — Mere failure of the plaintiff's pleaded capacity to establish title does not necessarily entail dismissal of the suit. Where the evidence and findings conclusively establish the entitlement of another person already before the Court, and the defendants have fully contested the issue without prejudice, the Court may exercise its equitable jurisdiction to mould the relief in favour of such person to avoid multiplicity of proceedings. (Paras 22–24)

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Relief — Moulding of relief — Where, after a full-fledged trial, the Court records findings establishing the entitlement of a person connected with the litigation though the plaintiff, in the capacity in which the suit was instituted, is found not entitled to the relief claimed, the Court may, in exceptional circumstances, mould the relief in favour of the person legally entitled, instead of driving such person to a fresh suit, provided the controversy has been fully adjudicated, no prejudice is caused to the opposite party, and such course alone would shorten litigation and render complete justice. (Paras 20–24)

Alternative formulation

Civil Procedure — Moulding of relief — Mere failure of the plaintiff's pleaded capacity to establish title does not necessarily entail dismissal of the suit. Where the evidence and findings conclusively establish the entitlement of another person already before the Court, and the defendants have fully contested the issue without prejudice, the Court may exercise its equitable jurisdiction to mould the relief in favour of such person to avoid multiplicity of proceedings. (Paras 22–24)