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 at the admission stage with a direction to the Civil Judge (Junior Division), Chandauli to decide the impleadment application within two months, without adjudicating the merits.

Summary

The petition, filed under Article 227, sought an order for the speedy disposal of an impleadment application filed under Order I Rule 10 of the Civil Procedure Code in Suit No.326 of 2020. The High Court found that no further procedural steps such as counter‑affidavit or notice to private respondents were necessary at this stage. Consequently, the Court disposed of the writ petition at the admission stage, directing the Civil Judge (Junior Division), Chandauli to decide the impleadment application within two months of receiving the certified copy of the order. The direction was issued to be in accordance with law after hearing all affected parties. The Court expressly stated that it did not adjudicate the merits of the underlying suit.

Issues considered

Whether the High Court can entertain a writ petition under Article 227 for expeditious disposal of an impleadment application under Order I Rule 10 CPC
Whether the Court may direct the lower court to decide the impleadment application within a specified time without hearing the parties on merits

Legislation cited

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

Subjects

Article 227
Writ petition
Impleadment application
Civil Procedure Code
Order I Rule 10
Expeditious disposal
Admission stage
High Court jurisdiction

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                MATTERS UNDER ARTICLE 227 No. - 11979 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.326 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.326 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

Continue reading with your account

Checking your session…