Allahabad High Court

RAHUL KUMAR VERMAversusSAVITREE DEVI (SINCE DECEASED) AND ANOTHER

Decided: 8 September 2026
Bench: ROHIT RANJAN AGARWAL

Holding

The High Court held that it cannot order expeditious disposal of the original suit but may direct the lower court to decide the pending substitution application within three months.

Summary

The petitioner, Rahul Kumar Verma, filed a writ petition under Article 227 seeking a direction to the Civil Judge (J.D.) in Ballia to decide his original suit (No. 2099 of 2021) and a pending substitution application within a stipulated period. The Court referred to the Supreme Court’s decision in High Court Bar Association, Allahabad v. State of Uttar Pradesh (2024) 6 SCC 267, holding that a High Court cannot compel a lower court to expedite a suit in that manner. However, the Court noted that the substitution application (Paper No. 18‑Ka) is still pending and can be ordered to be decided after hearing all affected parties. Accordingly, the Court directed the lower court to dispose of the substitution application within three months of receiving the certified copy of the order. The writ petition was disposed without any adjudication on the merits of the original suit.

Issues considered

Whether a High Court under Article 227 can direct a lower court to decide a pending suit within a stipulated time frame.
Whether the Court can order the pending substitution application to be decided within a specific period.

Subjects

Article 227
writ petition
expeditious disposal
substitution application
Civil Procedure Code
jurisdiction

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                      MATTERS UNDER ARTICLE 227 No. - 12423 of 2026

                                    Rahul Kumar Verma
                                                                                                              .....Petitioner(s)
                                                                                 Versus

                                    Savitree Devi (Since Deceased) And Another
                                                                                                           .....Respondent(s)

                                    Counsel for Petitioner(s)                             :   Rakesh Kumar Verma
                                    Counsel for Respondent(s)                             :

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

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

                                              "A. Issue an order or direction, directing the learned Civil Judge (J.D.),
                                              West, Ballia to decide the Original Suit No. 2099 of 2021 (Rahul Kumar
                                              Verma Versus Savitree Devi and others) as well as an application no.18-
                                              Ka (substitution application) filed in the aforesaid suit on 14.08.2025 filed
                                              by the plaintiff/petitioner, after death of defendant 1st set Savitree Devi,
                                              which is pending since 30.10.2021, expeditiously within stipulated period
                                              as fixed by this Hon'ble Court."

                                    2. The prayer made in the writ petition for expediting hearing of suit
                                    cannot be granted in view of the judgment of Constitution Bench of
                                    Hon'ble Supreme Court in High Court Bar Association, Allahabad vs.
                                    State of Uttar Pradesh and others (2024) 6 SCC 267.

                                    3. However, as substitution application being Paper No. 18-Ka filed in
                                    Original Suit No. 2099 of 2021 is pending consideration, the court below
                                    is directed to decide the said application, 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.

                                    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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