Patna High Court
Pushpa DeviversusRita Sharma @ Reeta Sharma
- Decided
- Disposal
- DISPOSED
- Bench
- S B P SINGH
Holding
The High Court directed the trial court to dispose of Miscellaneous Case No.13 of 2018 within four months, and the application was disposed.
Summary
The petitioner, Pushpa Devi, filed a civil miscellaneous application (No.1654 of 2025) seeking a court direction for the speedy disposal of Miscellaneous Case No.13 of 2018, which was filed under Order IX Rule 13 of the CPC to set aside an ex‑parte order dated 24‑12‑2016 in Title Suit No.457 of 2015. The petitioner argued that despite the case being filed in 2018, it remained undischarged, with the defendant’s evidence still pending. The court noted the delay and the need for expeditious justice, especially as the plaintiff’s witnesses had already been examined. Accordingly, the High Court directed the trial court to dispose of the pending miscellaneous case within four months, urging both parties to cooperate. The application was thereafter disposed of by the High Court.
Issues considered
- Whether the High Court can issue a direction for the trial court to expedite disposal of a pending miscellaneous application under Order IX Rule 13 of the CPC.
Legislation cited
- Code of Civil Procedure, 1908 — s. Order IX Rule 13
Subjects
- expeditious disposal
- civil miscellaneous application
- Order IX Rule 13
- ex‑parte order
- title suit
- trial court direction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.1654 of 2025
======================================================
Pushpa Devi W/o Late Sunil Kumar, at present R/o 7HF 2/29 H.I.G. B.H.
Colony, Bhootnath Road Patna 800026, P.O. B.H. Colony, P.S. Agamkuan.
... ... Petitioner/s
Versus
Rita Sharma @ Reeta Sharma W/o Surendra Prasad Singh, at present residing
at 7HF 8/26 H.I.G., B.H. Colony, Bhootnath Road, P.O. B.H. Colony, P.S.
Agamkuan. ... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anurag Supreme
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
2 13-01-2026 The present Civil Miscellaneous application has been
filed seeking a direction for expeditious disposal of Misc. Case
No. 13 of 2018 which had been filed under the provision of
Order IX Rule 13 for setting aside the ex-parte order dated
24.12.2016 passed in Title Suit No. 457 of 2015. Petitioner is
land lady/flat owner of the suit property.
2. Learned counsel for the petitioner submits that the
above Miscellaneous Case has been filed in the year 2018 but
the same has not been disposed of till date. In the said case,
defendant has appeared and the plaintiff’s witnesses have been
examined. Presently, the case is running for evidence of
defendant.
3. Considering the entire facts of this case, Trial Court
is requested to dispose of the Misc. Case No. 13 of 2018 at the
earliest after hearing both the parties in accordance with law,
Patna High Court C.Misc. No.1654 of 2025(2) dt.13-01-2026
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preferably within a period of four months. Both the parties are
directed to diligently co-operate in expeditious disposal of the
said Misc. Case.
4. With the aforesaid direction, the instant application
stands disposed of.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U
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