Allahabad High Court

AMARWATIversusBACHCHU SINGH AND 4 OTHERS

Decided: 23 September 2026
Bench: ROHIT RANJAN AGARWAL

Holding

The High Court directed the Civil Judge to decide the pending application within four months and disposed of the writ petition without reaching the merits.

Summary

The petition was filed by the proposed defendant seeking a direction for the speedy disposal of an application filed under Order IX Rule 13 read with Section 151 of the CPC, which was pending in the Civil Suit No. 22 of 2022 where the plaintiffs‑respondents had obtained an ex‑parte decree. The petitioner asked the High Court, invoking its supervisory jurisdiction under Article 227, to order the civil court to hear the pending application promptly. The Court observed that there was no merit in entertaining a full hearing of the writ petition and that the appropriate relief was to direct the lower court to decide the application within a stipulated time. Accordingly, the Court directed the Civil Judge (Junior Division)‑5th, District Mathura to decide the application within four months of the certified copy of the order, and disposed of the writ petition without adjudicating the merits. The order emphasizes that the High Court has not decided the substantive issues of the underlying civil suit.

Issues considered

What direction, if any, should the High Court give to ensure expeditious disposal of an application filed under Order IX Rule 13 and Section 151 CPC pending in a civil suit?

Legislation cited

Code of Civil Procedure, 1908 — s. Order IX Rule 13, Section 151

Subjects

Article 227
writ petition
ex‑parte decree
Order IX Rule 13
Section 151 CPC
expeditious disposal
civil suit
supervisory jurisdiction

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                MATTERS UNDER ARTICLE 227 No. - 11967 of 2026

                                    Amarwati
                                                                                                   .....Petitioner(s)
                                                                         Versus

                                    Bachchu Singh And 4 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)            :   Brat Sheel, Punya Sheel Pandey
                                    Counsel for Respondent(s)            :

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

                                    1. This is a petition on behalf of proposed defendant. The suit filed by
                                    plaintiffs-respondents was decreed ex-parte. An application under Order
                                    IX Rule 13 read with Section 151 CPC has been filed which is pending
                                    consideration. 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)-5th, District Mathura to
                                    decide the application filed under Order IX Rule 13 read with Section 151
                                    CPC in Civil Suit No.22 of 2022, in accordance with law, after hearing all
                                    the affected parties, preferably within a period of four 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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