AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
5 paragraphs · 138 wordsManoj Kumar Tiwari, J
This writ petition is directed against the order dated 06.09.2014 passed by learned 5th Additional District Judge, Dehradun in Civil Appeal No.50 of 2009 filed by the petitioner under Section 96 of CPC read with Order 41 of C.P.C. By the said order, petitioner's application under Order 41 Rule 27 has been rejected.
Mr. Neeraj Garg, learned counsel for the petitioner submits that the first appeal itself was decided by learned Additional District Judge, Dehradun, against which, second appeal was filed, which too has been dismissed by coordinate Bench of this Court.
Since this writ petition was filed against an interlocutory order, therefore, after decision in the first appeal, the cause of action does not survive.
Accordingly, the writ petition is dismissed as infructuous. Interim order, if any, stands vacated.