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Allahabad High Court

VIRENDRA SINGHversusSMT KUSUM LATA AND 32 OTHERS

Decided

Holding

The High Court directed the lower court to decide the pending Section 10 application within two months, without adjudicating the merits of the suit.

Summary

The petitioner filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division)/F.T.C. Aligarh to decide an application filed on 21.11.2018 under Section 10 of the Civil Procedure Code, which was pending in Original Suit No. 389 of 2015. The petition alleged that the pending application needed expeditious disposal and that no further procedural steps such as counter‑affidavit or notice were necessary at the admission stage. The High Court, noting the lack of merit issues, ordered the lower court to hear all affected parties and decide the Section 10 application within two months of receiving a certified copy of the order. The court expressly stated that it was not passing any judgment on the merits of the underlying suit. Consequently, the writ petition was disposed of.

Issues considered

  • Whether the High Court can, under Article 227, direct a lower court to decide a pending application under Section 10 CPC within a specified time frame
  • Whether such a direction is appropriate without adjudicating the merits of the underlying suit

Legislation cited

Subjects

  • Article 227
  • Section 10 CPC
  • Writ jurisdiction
  • Expeditious disposal
  • Civil Procedure Code

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                  MATTERS UNDER ARTICLE 227 No. - 12289 of 2026

                                    Virendra Singh
                                                                                                              .....Petitioner(s)
                                                                             Versus
                                    Smt Kusum Lata And 32 Others
                                                                                                           .....Respondent(s)

                                    Counsel for Petitioner(s)                           :    Muktesh Kumar Singh
                                    Counsel for Respondent(s)                           :    Sumit Daga

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

                                    1. This writ petition has been filed with the following prayer:-

                                           "(i) Issue an order, or direction directed to Civil Judge (Senior
                                           Division)/F.T.C. Aligarh to decide the application dated 21.11.2018
                                           under section 10 of C.P.C. pending in Original Suit No. 389 of 2015 (Smt.
                                           Kusum Lata and others Vs. Harikesh and others) within stipulated
                                           period."

                                    2. It is contended that two suits are going on between the parties and an application
                                    under Section 10 CPC has moved in subsequent suit being Original Suit No. 389 of
                                    2015, which is pending consideration. The sole prayer made is for expeditious
                                    disposal of the same.

                                    3. As no useful purpose would be served in keeping the matter pending or calling for
                                    counter affidavit or issuing notice to the respondents, at this admission stage, this
                                    Court directs the court concerned to proceed with the said application under Section
                                    10 CPC filed in Original Suit No. 389 of 2015 and decide the same within a period of
                                    two months from the date of production of certified copy of this order, in accordance
                                    with law, after hearing all affected parties.

                                    4. With the aforesaid directions, the petition stands disposed of.

                                    5. It is made clear that this Court has not adjudicated the matter on merit.

                                    September 9, 2026
                                    A. V. Singh

                                                                                                (Rohit Ranjan Agarwal,J.)




Digitally signed by :-
AJAY VIKRAM SINGH
High Court of Judicature at Allahabad


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