The High Court dismissed an application under Section 24 CPC as infructuous because the underlying suit no. 82 of 2011 had already been decided by the trial court.
The application filed under section 24 of the Code of Civil Procedure, 1908 is dismissed as infructuous.
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C24 No. 2 of 2012
Hon’ble Prafulla C. Pant, J.
Mr. Deep Chandra Joshi, Advocate, holding brief of Mr. Tumul K. Nailwal, Advocate, present for the applicant.
Learned counsel for the applicant states that this application has become infructuous.
In view of the fact that the suit no. 82 of 2011 has already been decided by the trial court (Civil Judge (Sr. Div.) Almora), the application filed under section 24 of Code of Civil Procedure, 1908 is hereby dismissed as infructuous.
Parul
(Prafulla C. Pant, J.) 08.05.2013
1 issue framed by the court
Whether the application under section 24 CPC is maintainable given the decision of a related suit.
1 provisions across 1 enactments
Applicant
Prafulla C. Pant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
