14 June 2024 Civil Appeals >> Civil & Consumer Law  

The Supreme Court recently dismissed a civil appeal as infructuous. The case involved a dispute where the plaintiff sued the defendant for a significant sum of money. The plaintiff sought a fast-track judgment under a specific rule of the Civil Procedure Code (CPC).

The defendant challenged the trial court's order requiring them to deposit a portion of the claimed amount. This challenge was initially unsuccessful, with the Supreme Court offering the defendant a chance to modify the order in the High Court. However, the defendant failed to pursue this option.

The plaintiff then filed a memo requesting the court to rule in their favor based on the relevant CPC rule. The trial court rejected the memo, but the High Court overturned this decision and allowed the suit to proceed.

The defendant appealed the High Court's order, arguing that a recent development rendered the suit irrelevant due to the Insolvency and Bankruptcy Code (IBC).

The Supreme Court, however, found that the appeal had become unnecessary. Here's why:

• The underlying lawsuit had already been decided by a final decree in April 2023.
• The defendant hadn't challenged this final decree.

Since the suit itself was no longer pending, the appeal focused on an earlier order became irrelevant. The Supreme Court's dismissal of the appeal does not affect the final decree in the suit.

  Code of Civil Procedure, 1908    INSOLVENCY AND BANKRUPTCY CODE, 2016