The court reaffirmed that once the main suit is withdrawn, any pending revision challenging an interlocutory order in that suit becomes infructuous. This decision upholds settled precedent within the jurisdiction of the Punjab and Haryana High Court and serves as binding authority for all subordinate courts under its purview.
Summary
| Category | Data |
|---|---|
| Case Name | CR/2997/2024 of SAVITA BANSAL Vs SUNITA RANI AND ANR |
| CNR | PHHC010615582024 |
| Date of Registration | 14-05-2024 |
| Decision Date | 28-10-2025 |
| Disposal Nature | DISPOSED OF |
| Judgment Author | MR. JUSTICE VIKAS BAHL |
| Court | High Court of Punjab and Haryana |
| Precedent Value | Binding within jurisdiction |
| Questions of Law | Whether a revision petition against an interlocutory order survives after withdrawal of the main suit? |
| Ratio Decidendi |
The High Court held that after dismissal or withdrawal of the main suit, a pending revision petition challenging an interlocutory order therein is rendered infructuous and must be disposed of accordingly. The continuation of a challenge to an interlocutory order is not maintainable once the underlying main proceedings no longer exist. |
| Facts as Summarised by the Court |
The revision petitioner challenged the dismissal of her application under Order VII Rule 11 CPC. During the pendency of the revision, the main suit was withdrawn on 15.05.2025, thereby rendering the revision petition infructuous. This fact was brought to the Court’s attention, and the revision was disposed of as such. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within the jurisdiction of the Punjab and Haryana High Court |
| Persuasive For | May be persuasive for other High Courts in similar circumstances |
What’s New / What Lawyers Should Note
- Reiterates that withdrawal or dismissal of the main suit automatically renders pending revisions against interlocutory orders in that suit infructuous.
- When advising clients, practitioners should consider the effect of withdrawal of main proceedings on related revisions or appeals.
- Procedural efficiency is promoted by not prolonging challenges to orders in cases that have ceased to exist.
Summary of Legal Reasoning
- The court took judicial notice of the fact that the main suit had been dismissed as withdrawn during the pendency of the revision petition.
- Relying on established procedural principles, the court declared that in view of the withdrawal of the main suit, the revision petition against an interlocutory order (Order VII Rule 11 CPC application) has become infructuous.
- The matter was therefore disposed of on these grounds, without entering into the merits of the interlocutory order itself.
Arguments by the Parties
Petitioner
- Sought setting aside of the order dated 06.04.2024 passed by the Additional Civil Judge (Sr. Division), Dera Bassi, rejecting the application under Order VII Rule 11 CPC.
Respondent
- No separate/explicit arguments by the respondents are recorded in the judgment.
Factual Background
The petitioner filed a revision before the High Court under Article 227 of the Constitution of India, challenging the dismissal of her application under Order VII Rule 11 CPC by the trial court. However, during the pendency of the revision proceedings, the main civil suit was withdrawn on 15.05.2025. The withdrawal of the suit was brought to the High Court’s notice, leading to the disposal of the revision as infructuous.
Statutory Analysis
- Article 227 of the Constitution of India grants the High Court power of superintendence over all courts within its jurisdiction.
- Order VII Rule 11 of the Code of Civil Procedure governs rejection of plaint at a preliminary stage.
- The underlying statutory premise is that interlocutory proceedings depend on the existence of the main suit; withdrawal of the main suit voids continuance of related interlocutory revisions.
Alert Indicators
- ✔ Precedent Followed – The decision upholds and applies established procedural law regarding the fate of collateral proceedings when the main suit is withdrawn.