Case Note & Summary
The appeal arose from Summary Suit No.2608 of 1992 filed by Punjab & Sind Bank and others. The suit was transferred to the Debts Recovery Tribunal-II, Mumbai, and was disposed of by judgment dated 14th January 2005. In view of this development, the High Court held that the appeal had become infructuous and disposed it of without costs. No legal issues were argued as the appellants were absent.
Headnote
A) Civil Procedure - Appeal - Infructuous - Transfer of Suit to Debts Recovery Tribunal - Where the summary suit out of which the appeal arose was transferred to the Debts Recovery Tribunal and disposed of by judgment dated 14th January 2005, the appeal has become infructuous and is disposed of accordingly (Paras 2-3).
Issue of Consideration
Whether the appeal survives when the original suit has been transferred to the Debts Recovery Tribunal and disposed of
Final Decision
Appeal disposed of as infructuous. No costs.
Law Points
- Appeal becomes infructuous when the underlying suit is transferred to a Debts Recovery Tribunal and disposed of
