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Allahabad High Court

SHIVJI RAIversusSHAILENDRA KUMAR RAI ALIAS MANOJ KUMAR RAI AND 3 OTHERS

Decided

Holding

The High Court directed the lower court to decide the pending Order 41 Rule 19 CPC application within two months and disposed of the petition without adjudicating the merits.

Summary

The plaintiff's suit was decreed and the respondents' civil appeal was dismissed for want of prosecution. The respondents then filed an application under Order 41 Rule 19 of the Civil Procedure Code seeking expeditious disposal. The High Court, exercising its supervisory jurisdiction under Article 227, found no merit in keeping the matter pending or issuing further notices. It directed the lower court to decide the pending application within two months of the certified copy of the order. The petition was consequently disposed without any merits being adjudicated.

Issues considered

  • Whether the High Court can, under its supervisory jurisdiction, direct the lower court to dispose of an application filed under Order 41 Rule 19 CPC expeditiously?

Legislation cited

Subjects

  • Civil Procedure Code
  • Order 41 Rule 19
  • expeditious disposal
  • Article 227
  • supervisory jurisdiction
  • petition disposed
  • procedural direction

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                   MATTERS UNDER ARTICLE 227 No. - 12296 of 2026

                                    Shivji Rai
                                                                                                 .....Petitioner(s)
                                                                       Versus

                                    Shailendra Kumar Rai Alias Manoj Kumar Rai
                                    And 3 Others                                               .....Respondent(s)

                                    Counsel for Petitioner(s)        : Rishi Kant Rai, Shashank Shekhar Rai
                                    Counsel for Respondent(s)        :

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

                                    1. This is a plaintiff' petition. The suit filed by the plaintiff was decreed.
                                    Against which, the defendant-respondents had filed a civil appeal which
                                    has been dismissed for want of prosecution. The respondents have filed an
                                    application under Order 41 Rule 19 CPC, which is pending consideration.
                                    The sole prayer made is for expeditious disposal of the same.

                                    2. 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, the court below is hereby directed to proceed with the
                                    application filed under Order 41 Rule 19 CPC 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.

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

                                    4. It is made clear that this Court has not adjudicated the matter on merits.



                                                                                     (Rohit Ranjan Agarwal,J.)
                                    September 9, 2026
                                    A. V. Singh




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

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