Supreme Court · 2004 INSC 212 · Decided 25 March 2004
Shipping Corporation of India LTD. v. Machado Brothers and ORS.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 212 · [2004] 3 S.C.R. 584
- Case number
- CIVIL APPEAL No. 1855/2004
- Decided
- 25 March 2004
- Bench
- N. SANTOSH HEGDE, B.P. SINGH (2-judge bench)
- Outcome
- Leave Granted & Allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 151, 39
Headnote
Civil Procedure Code-Section 151-Application under-Maintainability of-Earlier suit filed by party rendered infructuous by subsequent events-· I .> c Application under Section 151 for dismissal of earlier suit as i11fh1ctuous- Held, maintainable. Civil Procedure Code-Order 39 Rule I & infructuous-App/ication to dismiss the suit as infructuous dismissed on the ground that it would vacate D the interim relief granted in favour of the plaintiff-Held, an infructuous suil cannot be continued to keep the interlocutory order alive-Civil Procedure Code-Section 151. The appellant had
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