Allahabad High Court

ARUN KUMAR YADAV AND ANOTHERversusOM PRAKASH SINGH AND ANOTHER

Decided: 23 September 2026
Bench: ROHIT RANJAN AGARWAL

Holding

The writ petition is disposed of without adjudicating merits, with a direction to the Civil Judge to decide the impleadment application within two months.

Summary

The petition, filed on behalf of a third party, sought an order for the speedy disposal of an impleadment application filed under Order I Rule 10 of the CPC in Suit No. 325 of 2020. The High Court observed that keeping the writ petition pending would serve no useful purpose and that there was no need to call for a counter‑affidavit or issue notice to the private respondents. Consequently, the Court directed the Civil Judge (Junior Division), Chandauli to decide the impleadment application within two months of receiving a certified copy of the order, after hearing all affected parties. The writ petition was disposed of at the admission stage, and the Court expressly stated that it had not adjudicated the merits of the underlying impleadment application.

Issues considered

Whether a writ petition seeking expeditious disposal of an impleadment application under Order I Rule 10 CPC is maintainable.
Whether the High Court can direct the lower court to decide the impleadment application without hearing parties in the writ petition.
Whether the merits of the impleadment application need to be decided in the writ petition.

Legislation cited

Code of Civil Procedure, 1908 — s. Order I Rule 10

Subjects

writ petition
impleadment
Order I Rule 10 CPC
expeditious disposal
Article 227
High Court
Civil Procedure Code

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                MATTERS UNDER ARTICLE 227 No. - 11922 of 2026

                                    Arun Kumar Yadav And Another
                                                                                                   .....Petitioner(s)
                                                                         Versus

                                    Om Prakash Singh And Another
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)        : Jitendra Kumar Srivastava
                                    Counsel for Respondent(s)        : Pushpendra Kumar Yadav, Shreya
                                                                       Yadav

                                    Court No. - 9
                                                    HON'BLE ROHIT RANJAN AGARWAL, J.

                                    1. This is a petition on behalf of third party. An impleadment application
                                    under Order 1 Rule 10 CPC has been filed in Suit No.325 of 2020. The
                                    sole prayer made in the writ petition is for expeditious disposal of the said
                                    application.

                                    2. As no useful purpose would be served in keeping the matter pending, or
                                    calling for counter affidavit or issuing notice to the private respondents, at
                                    this stage, the writ petition is being disposed of, at the admission stage, with
                                    a direction upon Civil Judge (Junior Division), Chandauli to decide the
                                    impleadment application filed under Order I Rule 10 CPC in Suit No.325 of
                                    2020, in accordance with law, after hearing all the affected parties,
                                    preferably within a period of two months from the date of production of
                                    certified copy of this order.

                                    3. With the aforesaid direction, present writ petition stands disposed of.

                                    4. It is made clear that this Court has not adjudicated the case on merit.



                                                                                      (Rohit Ranjan Agarwal,J.)
                                    September 24, 2026
                                    SK Goswami




Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad

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