Supreme Court Dismisses Appeals as Infructuous Following Settlement. Appeals were rendered unnecessary due to a settlement between the parties, allowing for a recall application if the compromise petition was not filed.

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Case Note & Summary

The dispute involved a civil appeal filed by J.K. Jain and others against Ziff-Davis. The Supreme Court was presented with the appeals which had become infructuous due to a settlement reached between the parties. The learned counsel for both parties indicated that they did not wish to press the appeals any further. Consequently, the Supreme Court disposed of the appeals, noting that if the compromise petition was not filed in the suit, either party retained the right to apply for a recall of the order. The court's decision emphasized the importance of the settlement and the procedural implications of the parties' agreement.

Headnote

A) Civil Procedure - Infructuous Appeals - Dismissal of Appeals - Code of Civil Procedure, 1908 - Appeals were dismissed as infructuous due to a settlement between the parties, with the provision that if the compromise petition is not filed, either party may apply for recall of the order. Held that the appeals are disposed of accordingly (Paras Not mentioned).

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Issue of Consideration

Whether the appeals should be pressed or dismissed due to the settlement between the parties.

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Final Decision

The Supreme Court dismissed the appeals as infructuous due to the settlement between the parties, allowing for a recall application if the compromise petition was not filed.

Law Points

  • Settlement
  • Infructuous Appeals
  • Compromise Petition
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Case Details

2008 LawText (SC) (08) 99

Civil Appeal No. 5187-5188 of 2002

2008-08-21

Tarun Chatterjee, Aftab Alam

J.K. Jain & Ors.

Ziff-Davis

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Nature of Litigation

Civil appeal regarding a dispute between parties.

Issues

Whether the appeals should be pressed or dismissed due to the settlement.

Submissions/Arguments

Counsel for both parties did not wish to press the appeals.

Ratio Decidendi

The appeals were dismissed as infructuous following a settlement, with a provision for recall if the compromise petition was not filed.

Judgment Excerpts

In view of the settlement arrived at between the parties, learned counsel for the parties do not want to press these appeals as the same have become infructuous. However, if the compromise petition is not filed in the suit, it will be open to either of the parties to apply for recall of the order.

Procedural History

The appeals were filed and subsequently became infructuous due to a settlement between the parties.

Acts & Sections

  • Code of Civil Procedure, 1908:
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