Allahabad High Court
DEEP NARAYAN PRASADversusPREMCHANDRA
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court disposed of the writ petition at the admission stage, directing the lower court to decide the pending Order VII Rule 11 application within three months, without adjudicating the merits.
Summary
The petitioner filed a writ petition under Article 227 seeking the expeditious disposal of an application filed under Order VII Rule 11 of the CPC, which was pending in a suit filed by the respondent. The petition did not request any substantive relief on the merits of the underlying suit. The court observed that keeping the writ petition pending served no useful purpose and therefore disposed of it at the admission stage without calling for a counter‑affidavit or issuing notice to private respondents. The court directed the trial court to decide the pending Order VII Rule 11 application within three months of the production of the certified copy of this order, after hearing all affected parties. It was expressly stated that the court did not adjudicate the merits of the underlying suit.
Issues considered
- Whether a writ petition under Article 227 seeking expeditious disposal of a pending Order VII Rule 11 application can be disposed of at the admission stage without hearing the parties.
Legislation cited
- Code of Civil Procedure, 1908 — s. Order VII Rule 11
Subjects
- Article 227
- Writ petition
- Expeditious disposal
- Order VII Rule 11
- Civil Procedure Code
- Jurisdiction
- Interim relief
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12691 of 2026
Deep Narayan Prasad
.....Petitioner(s)
Versus
Premchandra
.....Respondent(s)
Counsel for Petitioner(s) : Manoj Kumar Keshari
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This is defendant's petition.
2. In the suit filed by plaintiff-respondent, an application under Order VII
Rule 11 CPC has been filed by petitioner, which is pending consideration.
The sole prayer made in the writ petition is for expeditious disposal of the
same.
3. As no useful purpose would be served in keeping the matter pending, the
writ petition is being disposed of, at the admission stage, without calling for
counter affidavit or issuing notice to private respondents, with a direction
upon court concerned to decide the application dated 25.10.2026 filed under
Order VII Rule 11 CPC in Case No. 1037 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.
4. With the aforesaid directions, writ petition stands disposed of.
5. It is made clear that this Court has not adjudicated the matter on merits.
(Rohit Ranjan Agarwal,J.)
September 14, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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