Allahabad High Court
JAG NARAYAN PRASADversusVARANASI DEVELOPMENT AUTHORITY AND 8 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court disposed of the writ petition without adjudicating merits and directed the Civil Judge to decide the amendment application within two months.
Summary
The petitioner filed a writ petition under Article 227 seeking the expeditious disposal of an application filed under Order VI Rule 17 CPC to amend the plaint in Original Suit No. 1811 of 2013. The petition sought direction to the Civil Judge (Senior Division), Varanasi, to decide the amendment application promptly. The High Court, after hearing counsel, held that the writ could be disposed of at the admission stage without adjudicating the merits. It directed the Civil Judge to decide the amendment application within two months of the certified copy of the order. The writ petition was therefore disposed of, with the court expressly stating that it had not decided the substantive issues.
Issues considered
- Whether a writ petition under Article 227 can be entertained for the purpose of obtaining an expeditious order directing a civil court to decide an amendment application under Order VI Rule 17 CPC
- Whether the High Court can dispose of such a writ petition without reaching the merits of the amendment application
Legislation cited
- Code of Civil Procedure, 1908 — s. Order VI Rule 17
Subjects
- Article 227
- Writ petition
- Amendment of plaint
- Order VI Rule 17 CPC
- Expeditious disposal
- Civil Procedure Code
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12377 of 2026
Jag Narayan Prasad
.....Petitioner(s)
Versus
Varanasi Development Authority And 8 Others
.....Respondent(s)
Counsel for Petitioner(s) : Kripa Shankar Shukla, Ram Krishna
Pandey
Counsel for Respondent(s) : Ravi Prakash Pandey
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. Heard learned counsel for petitioner and Sri Ravi Prakash Pandey,
learned counsel for respondent no. 1.
2. This is the plaintiff's petition. In the suit filed by plaintiff an application
under Order VI Rule 17 CPC has been moved for amending the plaint.
The sole prayer made in writ petition is for expeditious disposal of the
said application.
3. 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), Varanasi to decide application under Order VI
Rule 17 CPC filed in Original Suit No. 1811 of 2013, 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.
4. 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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