Subhashini v. A.V. Balaji
Case brief
What is this about?
The court dismissed the civil miscellaneous petition as infructuous since the appeal it sought to restore was filed against a divorce petition and the respondent had died. No further adjudication was necessary.
What did the court decide?
Petition dismissed as infructuous; no further adjudication.
What the court decided
1
C.M.P.No.658 of 2011 in
C.M.A.No.1660 of 2004
J.NISHA BANU,J. and R.SAKTHIVEL,J.
This Civil Miscellaneous Petition has been filed to set aside the order of dismissal dated 24.06.2004 and to restore the appeal to file. As there was no representation for the appellant, the appeal was dismissed for non-prosecution on 24.06.2004.
- The Civil Miscellaneous Appeal was filed by the petitioner/wife as against the dismissal order passed in the petition for divorce filed by her before the Family Court. Today, when the matter is taken up, the learned counsel for the petitioner would state that the respondent died.
- Therefore, nothing survives for further adjudication in this petition. Recording the submission made by the learned counsel for the petitioner, this petition is dismissed as infructuous.
vsi
Issues for consideration
1 issue framed by the court
Whether the civil miscellaneous petition survives for adjudication after the respondent's death?
Parties & counsel
- petitioner
WIFE
- respondent
RESPONDENT
Coram
J. NISHA BANU
Case details
As recorded by the court registry
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