Allahabad High Court
SMT. RAM PYARIversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The Court directed the Civil Judge (Senior Division), Banda to decide the pending Order IX Rule 9 application within two months and disposed of the writ petition without reaching the merits.
Summary
The petitioner, Smt. Ram Pyari, filed a writ petition under Article 227 seeking speedy disposal of an application filed by plaintiff‑respondent No. 2 under Order IX Rule 9 of the CPC. The original suit (Original Suit No. 29 of 2023) had been dismissed for want of prosecution because the plaintiff‑respondent failed to appear, while the petitioner was present. The writ petition merely requested the High Court to direct the Civil Judge (Senior Division), Banda, to decide the pending Order IX Rule 9 application promptly. The Court declined to consider the merits of the underlying suit and instead ordered the lower court to decide the application within two months of receiving the certified copy of the order. Consequently, the writ petition was disposed of without any substantive adjudication on the merits.
Issues considered
- What procedural direction can the High Court give to expedite a pending application under Order IX Rule 9 of the CPC?
- Whether a writ petition under Article 227 can be disposed of without adjudicating the merits of the underlying suit.
Legislation cited
- Code of Civil Procedure, 1908 — s. Order IX Rule 9
Subjects
- writ petition
- Article 227
- Order IX Rule 9
- Civil Procedure Code
- expeditious disposal
- High Court
- dismissal for want of prosecution
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12374 of 2026
Smt. Ram Pyari
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mahendra Kumar, Sunil Kumar Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This is the defendant's petition. The suit filed by plaintiff respondent no. 2 was
dismissed for want of prosecution as he did not appear on the said date and defendant
petitioner was present. Thereafter, an application under Order IX Rule 9 CPC has been
moved by the plaintiff respondent no. 2, 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 respondents, writ is being disposed of, at
the admission stage, with a direction upon Civil Judge (Senior Division), Banda to
decide application under Order IX Rule 9 CPC filed in Original Suit No. 29 of 2023,
in accordance with law, after hearing all affected parties, preferably within a period of
two 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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