Supreme Court of India
Shipping Corporation of India Ltd. v. Machado Brothers and Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the opinion that continuation of C a suit which has become infructuous by disappearance of the cause of action would amount to an abuse of the process of the court and interest of justice requires such suit should be disposed of as having become infructuous.
Judgment, page 13
From the headnote
Civil Procedure Code-Section 151-Application under-Maintainability of-Earlier suit filed by party rendered infructuous by subsequent events-Application under Section 151 for dismissal of earlier suit as infructuous-Held, maintainable. Civil Procedure Code-Order 39 Rule 1 & 2-Interlocutory order-Continuance of-Suit filed by the plaintiff became infructuous-Application to dismiss the suit as infructuous dismissed on the ground that it would vacate the interim relief granted in favour of the plaintiff-Held, an infructuous suit cannot be continued to keep the interlocutory order alive-Civil Procedure Code-Section 151.
Authorities it was built on
Where later benches applied it
Of those, 1 referred to
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