High Court Dismisses Petition as Infructuous Due to Lack of Relief. Petition was rendered non-maintainable as the relief sought had become infructuous.

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Case Note & Summary

The case involved a petition filed by Raj Singh against the State of Haryana. The petitioner sought certain reliefs, but during the proceedings, the counsel for the petitioner indicated that the relief had become infructuous. Consequently, the petitioner requested the court to dismiss the petition. The court, upon hearing the counsel, agreed that the petition was no longer maintainable and dismissed it as infructuous. The decision was rendered by Hon'ble Mr. Justice K. Kannan on 1st March 2012.

Headnote

A) Civil Procedure - Infructuous Petition - Dismissal of Petition - Code of Civil Procedure, 1908 - The counsel for the petitioner stated that the relief sought has become infructuous and requested for dismissal of the petition. The court dismissed the petition as infructuous based on the counsel's statement. Held that the petition was no longer maintainable (Paras 1).

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Issue of Consideration

Whether the petition should be dismissed due to it becoming infructuous

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Final Decision

The court dismissed the petition as infructuous based on the counsel's statement regarding the lack of maintainability.

Law Points

  • Infructuous petitions
  • Dismissal of petitions
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Case Details

CWP No.5352 of 1992(O&M)

2012-03-01

K. Kannan

R.S. Sangwan, Kshitij Sharma

Raj Singh

The State of Haryana

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Nature of Litigation

Petition for relief against the State of Haryana

Remedy Sought

Dismissal of the petition as infructuous

Filing Reason

Relief sought became infructuous

Issues

Whether the petition should be dismissed due to it becoming infructuous

Submissions/Arguments

Counsel for the petitioner stated that the relief has become infructuous and sought dismissal of the petition.

Ratio Decidendi

A petition becomes infructuous when the relief sought is no longer available or maintainable.

Judgment Excerpts

The counsel for the petitioner states that the relief has become infructuous and seeks for dismissal of the petition. Dismissed as infructuous.

Procedural History

The petition was filed by Raj Singh against the State of Haryana. The court heard the counsel's statement regarding the relief becoming infructuous.

Acts & Sections

  • Code of Civil Procedure, 1908:
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