Smt. Manisha and Anr. v. Smt. Sarita Sahi
Case brief
What is this about?
Patna High Court, C.Misc. No.1664 of 2017, decided 16-01-2025 by Justice Arun Kumar Jha. Petitioners Smt. Manisha and Smt. Reena (Reena Singh) v. Smt. Sarita Sahi. Petition to quash the 30.05.2017 order of Sub Judge-IV, Patna City in Title Suit No. 288 of 2010 rejecting an application under Order 22 Rule 10, Order 1 Rule 10 and Section 151 CPC; dismissed as infructuous after the suit was dismissed for non-prosecution; joint hearing with Civil Misc. No. 450 of 2019 refused; hearing cannot be made contingent on a future event. Keywords: infructuous petition, dismissal for non-prosecution, restoration application, Order 22 Rule 10 CPC, Section 151 CPC.
What did the court decide?
Since Title Suit No. 288 of 2010 has been dismissed, the present petition does not survive for consideration and has become infructuous. ¶18