Case Note & Summary
The case involved an appeal filed by M.P. Financial Corporation against an order from the High Court of Madhya Pradesh, Indore Bench, concerning a civil revision case while the underlying suit was still pending. The appellant's counsel informed the Supreme Court that the suit had since been disposed of, rendering the appeal infructuous. Consequently, the Supreme Court dismissed the appeal, stating that there would be no order as to costs and vacating any interim orders that may have been in place. The court's decision was based on the principle that once the underlying matter is resolved, the appeal cannot continue.
Headnote
A) Civil Procedure - Infructuous Appeal - Dismissal of Appeal - Code of Civil Procedure, 1908 - The appeal was rendered infructuous as the underlying suit had been disposed of, leading to the court's decision to dismiss the appeal without costs. Held that the appeal could not proceed further in light of the suit's resolution (Paras Not mentioned).
Issue of Consideration
Whether the appeal should be dismissed due to the suit being disposed of.
Final Decision
The Supreme Court dismissed the appeal as infructuous, stating there would be no order as to costs and vacating any interim orders.
Law Points
- Infructuous appeal
- dismissal of appeal
- no order as to costs
