Vikas Saxena 15 February 2023

Suit becoming infructuous

Plaintiffs filed a suit for Injunction against defendants and later during subsistence of ad interim injunction, sold the suit property, whether the suit becomes infructuous due to loss of Cause of Action for bringing the suit?

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Quick Summary

This discussion explores whether a lawsuit becomes infructuous if the property in question is sold while an interim injunction is in place. Generally, selling property during a pending suit without prior court permission invalidates the sale. The injunction applies to both parties, and such a sale can lead to the loss of the cause of action for the original suit.

2 Replies

Dr J C Vashista (Advocate) 16 February 2023

Injuction granted by competent court is applicable on both parties to the suit, sale during pendency of the suit is invalid, if prior permission of the Court is not obtained.