Case Note & Summary
The present appeal arose out of Summary Suit No.1860 of 1992 filed by Punjab & Sind Bank against the appellants and others. The suit was transferred to the Debts Recovery Tribunal-II, Mumbai, which disposed of the suit 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 any order as to costs. No arguments were advanced on behalf of the appellants as none appeared.
Headnote
A) Civil Procedure - Appeal - Infructuous Appeal - 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 before the High Court became infructuous. The Court disposed of the appeal accordingly with no order as to costs. (Paras 2-3)
Issue of Consideration
Whether the appeal survives when the original suit has been transferred to and disposed of by the Debts Recovery Tribunal
Final Decision
Appeal disposed of as infructuous. No costs.
Law Points
- Appeal becomes infructuous when the underlying suit is transferred and disposed of by another tribunal
