Dismissal of Suit-- Cause of Action--Order 7 Rule 11 CPC Does Not Apply Where Valid Cause Of Action Ceases After Filing -- Court Bound To Dismiss Infructuous Litigation Under Section 151 CPC
A civil court may exercise inherent jurisdiction under Section 151 CPC to dismiss a suit as infructuous when subsequent events extinguish the original cause of action. Order VII Rule 11 CPC applies only where the plaint discloses no cause of action at the time of filing and does not govern situations where a valid cause of action subsequently ceases to exist. Continuation of a suit solely to preserve an interlocutory order, or on the basis of speculative future claims, does not justify retention of infructuous litigation. It is the duty of the court to terminate such proceedings.
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