, a civil miscellaneous appeal was dismissed as infructuous since the main civil suit it was related to had already been dismissed for non-instruction by the plaintiff counsel.
Appeal dismissed on ground of being infructuous.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 2790/2006
HON'BLE MR. JUST&E BANWARI LAL SHARMA
Learned counsel for the appellants Ms. Naina Saraf submits .% ","r.,* that since the main sit,,i,s~~,p~~,d,.di.ng **si.g.e** 2:005, therefore, present ,a, * p ,j iz,y*;ed ?(*i 6' tali; y~ . *d .a .a* 1, p6.*s7 " status of the main suit may be called for before hearing of this appeal as this appeal may have become infructuous.
In view of it, status of regular Civil Suit No. 47/2005 (Arjun Meena And Ors. vs. Nathu And Ors.) was called for by fax from learned Additional District Judge No. 1, Jaipur District through Deputy Registrar Judicial of this Court.
Letter is received from learned Additional District Judge No. I, .laipur District being No. 2661 05.07.2018, from which, it reveals that the aforesaid civil suit has already been dismissed after pleading no instruction by plaintiff counsel on 18.05.2007.
Learned counsel for the appellants submits that this misc. appeal has become infructuous.
In view of above, this misc. appeal is dismissed as having t "*. a, hZ " become infructuigu$.. %
1 issue framed by the court
Whether the civil miscellaneous appeal has become infructuous due to the dismissal of the main suit.
Hardev Meena
Arjun Meena
Roopnarayan Meena
Nathu
Kalu Nathu
Banwari Lal Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
