Allahabad High Court
MADHUKAR CHAUHANversusLAXMINA AND 2 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The petition is disposed of without merits, with a direction to the lower court to decide the recall application within three months.
Summary
The petitioner, Madhukar Chauhan, filed a writ petition under Article 227 seeking the expeditious disposal of a recall application (Recall Application No. 5 of 2024) filed against an ex-parte decree in Original Suit No. 2301 of 2021. The petition did not request any substantive relief on the merits of the underlying suit but merely asked the High Court to direct the lower court to decide the recall application promptly. The Court, noting that keeping the matter pending would serve no useful purpose, disposed of the writ petition at the admission stage without calling for a counter‑affidavit or issuing notice to the private respondents. It directed the concerned court to decide the recall application within three months of receiving a certified copy of the order, after hearing all affected parties. The Court expressly clarified that it had not adjudicated the merits of the recall application.
Issues considered
- What procedural steps are required for a writ petition seeking expeditious disposal of a recall application under Order IX Rule 13 CPC?
- Whether the High Court can dispose of such a petition at the admission stage without issuing notice to private respondents.
Legislation cited
- Code of Civil Procedure, 1908 — s. Order IX Rule 13
- Constitution of India — s. Article 227
Subjects
- Article 227
- Recall application
- Ex-parte decree
- Writ petition
- Civil Procedure Code
- Expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12701 of 2026
Madhukar Chauhan
.....Petitioner(s)
Versus
Laxmina And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Santosh Kumar Tiwari
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This is defendant's petition.
2. The suit filed by plaintiff was decreed ex-parte against which a recall
application under Order IX Rule 13 CPC has been filed and the sole prayer
made in the writ petition is for expeditious disposal of the recall application.
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 Recall Application No. 5 of 2024 in
Original Suit No. 2301 of 2021, 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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