This judgment dismisses a Commercial Matters Appeal as infructuous because the underlying suit was dismissed for default, causing the cause of action to no longer survive.
CMA is dismissed as infructuous; miscellaneous petitions pending if any are dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE M.S.RAMACHANDRA RAO AND THE HON’BLE SRI JUSTICE K.LAKSHMAN
CMA.No. 798 of 2009
JUDGMENT: (Per the Hon’ble Sri Justice M.S.Ramachandra Rao)
1. Heard both sides.
2. It is brought to our notice that the suit O.S.No.561 of 2008 on the file of the III Additional Chief Judge, City Civil Court Hyderabad, which was transferred to Commercial Court-cumXXIV Additional Chief Judge, City Civil Court, Hyderabad, and renumbered as COS.No.202 of 2017, out of which this CMA arises, itself was dismissed for default of on 20.11.2017, and therefore, the cause in this Appeal no longer survives for adjudication.
3. In view of the said submission, this CMA is dismissed as infructuous. No order as to costs.
____________________________ M.S. RAMACHANDRA RAO, J
_________________ K.LAKSHMAN, J
07th January, 2020.
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M.S. RAMACHANDRA RAO
K. LAKSHMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
