Chandan Mal v. Lrs of Champalal
Case brief
What is this about?
The High Court of Rajasthan dismissed this civil miscellaneous appeal challenging an interim order in a partition suit. Holding that the main suit was finally disposed of by rejection of plaint under Order 7 Rule 11 CPC, the Court declared the interim appeal infructuous and dismissed it in the alternative based on a Section 151 CPC application.
What did the court decide?
The appeal is dismissed as infructuous having regard to the rejection of the main suit and alternatively on merits based on Section 151 CPC.