Allahabad High Court
SMT. CHANDA DEVI AND 3 OTHERSversusSHIVDUTT
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the lower civil judge to decide the pending Order VII Rule 11 application within three months and disposed the writ petition without deciding the merits.
Summary
The petitioners, Smt. Chanda Devi and three others, filed a writ petition under Article 227 seeking the expeditious disposal of an application filed under Order VII Rule 11 of the CPC in Original Suit No. 92 of 2020. The court observed that keeping the matter pending served no useful purpose and that a counter‑affidavit or notice to the private respondent was unnecessary. Consequently, the High Court directed the Civil Judge (Junior Division) of Ghatampur, Kanpur Dehat to decide the pending Order VII Rule 11 application within three months of receiving the certified copy of the order. The writ petition was disposed of without any adjudication on the merits of the underlying suit. The order emphasizes the supervisory jurisdiction of the High Court to ensure speedy procedural compliance.
Issues considered
- Whether the High Court should intervene under Article 227 to direct the speedy disposal of a pending Order VII Rule 11 application in a civil suit.
Legislation cited
- Code of Civil Procedure, 1908 — s. Order VII Rule 11
Subjects
- Article 227
- Order VII Rule 11 CPC
- expeditious disposal
- writ petition
- civil procedure
- supervisory jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12348 of 2026
Smt. Chanda Devi And 3 Others
.....Petitioner(s)
Versus
Shivdutt
.....Respondent(s)
Counsel for Petitioner(s) : Neeraj Kumar Dwivedi
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This is the defendants' petition. In the suit filed by plaintiff respondent
an application under Order VII Rule 11 CPC was filed on 13.11.2024,
which is pending consideration. The sole prayer made in writ petition is
for expeditious disposal of the said application.
2. No useful purpose would be served in keeping the matter pending or
calling for counter affidavit, or issuing notice to private respondent, writ
is being disposed of, at the admission stage, with a direction upon Civil
Judge (Junior Division), Ghatampur, Kanpur Dehat to decide the
application under Order VII Rule 11 CPC filed in Original Suit No. 92 of
2020, in accordance with law, after hearing all affected parties, preferably
within a period of three months from the date of production of certified
copy of this order.
3. With the aforesaid directions, writ petition stands disposed of. It is
made clear that this Court has not adjudicated the matter on merits.
(Rohit Ranjan Agarwal,J.)
September 9, 2026
Shekhar
Digitally signed by :-
SHASHI SHEKHAR PANDEY
High Court of Judicature at Allahabad
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