Allahabad High Court

RANJEET KUMAR CHANDversusSURENDRA KUMAR CHAND

Decided: 7 September 2026
Bench: ROHIT RANJAN AGARWAL

Holding

The Court directed the Civil Judge to decide the 7‑C application and disposed of the writ petition without reaching the merits.

Summary

The petitioner, Ranjeet Kumar Chand, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), Bansgaon, to decide a 7‑C application filed under Order XXXIX Rules 1 & 2 read with Section 151 of the CPC in Suit No. 974 of 2021. The High Court, after noting that keeping the matter pending would serve no useful purpose, disposed of the petition at the admission stage without calling for a counter‑affidavit or issuing notice to the sole respondent. The Court directed the Civil Judge to decide the 7‑C application in accordance with law, after hearing all affected parties, preferably within one month of the certified copy of the order. It further clarified that it had not adjudicated the merits of the underlying suit. The direction was issued to ensure speedy disposal of the pending application. Consequently, the writ petition was marked as disposed.

Issues considered

Whether the High Court can, under Article 227, direct a lower civil court to decide a pending 7‑C application under Order XXXIX Rules 1 & 2 and Section 151 CPC.
Whether the petition can be disposed of at the admission stage without issuing notice to the respondent.

Legislation cited

Code of Civil Procedure, 1908 — s. Order XXXIX Rules 1 & 2, Section 151

Subjects

Article 227
writ petition
Civil Procedure Code
Order XXXIX
Section 151
7‑C application
admission stage disposal
direction to lower court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                MATTERS UNDER ARTICLE 227 No. - 12229 of 2026

                                    Ranjeet Kumar Chand
                                                                                                   .....Petitioner(s)
                                                                         Versus

                                    Surendra Kumar Chand
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                     :   Jitendra Pratap Singh
                                    Counsel for Respondent(s)                     :


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

                                    1. This writ petition has been filed seeking a direction upon learned Civil
                                    Judge (Junior Division), Bansgaon, Gorakhpur to decide 7-C application
                                    filed under Order XXXIX Rules 1 & 2 read with Section 151 CPC in Suit
                                    No.974 of 2021.

                                    2. As no useful purpose would be served in keeping the matter pending, the
                                    writ petition is being disposed of, at the admission stage, without calling for
                                    counter affidavit or issuing notice to sole respondent, with a direction upon
                                    Civil Judge (Junior Division), Bansgaon, Gorakhpur to decide 7-C
                                    application filed under Order XXXIX Rules 1 & 2 read with Section 151
                                    CPC in Suit No.974 of 2021, in accordance with law, after hearing all
                                    affected parties, preferably within a period of one month 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 8, 2026
                                    SK Goswami




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

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