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Allahabad High Court

POORAN SINGH SINCE DECEASED AND ANOTHERversusSHANKAR LAL AND 14 OTHERS

Decided

Holding

The High Court directed the Additional Civil Judge to decide Application 4‑A within two months and disposed of the writ petition without adjudicating the merits.

Summary

The petitioners, heirs of the deceased Pooran Singh, filed a writ petition under Article 227 seeking a direction to the Additional Civil Judge (Junior Division), Court No. 8, Mathura, to promptly decide Application 4‑A (RM No. 23 of 2026) for incorporation of the legal heirs' names in the plaint of suit no. 559 of 1999 and to correct the judgment accordingly. The petition arose because the original suit was filed by Pooran Singh, who died during its pendency; a substitution application was allowed, but the final decree still reflected the deceased’s name, prompting the present application. The Court observed that there was no merit to be adjudicated and that keeping the matter pending served no useful purpose. Consequently, the Court directed the Additional Civil Judge to decide the application within two months of the certified copy of the order, and disposed of the writ petition at the admission stage without deciding the substantive issues. The order expressly states that the Court has not adjudicated the case on its merits.

Issues considered

  • Whether the High Court should issue a direction for the Additional Civil Judge to dispose of Application 4‑A concerning substitution of parties within a stipulated time.

Subjects

  • Article 227
  • Writ petition
  • Substitution of parties
  • Legal heirs
  • Civil Procedure
  • Direction for early disposal
  • High Court of Allahabad

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
            MATTERS UNDER ARTICLE 227 No. - 12986 of 2026

Pooran Singh Since Deceased And Another
                                                                   .....Petitioner(s)
                                      Versus

Shankar Lal And 14 Others
                                                                 .....Respondent(s)

Counsel for Petitioner(s)          : Anand Kumar Pandey, Kamini Pandey
                                     (Dubey)
Counsel for Respondent(s)          :


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

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

     "i) Issue an order or direction directing the Additional Civil Judge
     (Junior Division), Court No. 8. Mathura, to dispose/decide the
     Application 4-A (RM No. 23 of 2026), filed by the petitioner for
     incorporation of the names of the legal heirs of Late Shri Pooran Singh in
     array of parties in the plaint of original suit no. 559 of 1999 and for
     consequential correction in the judgment and decree dated 27.11.2025
     within a stipulated time as may be fixed by this Hon'ble Court."

2. It is contended that plaintiff-Pooran Singh had filed a suit and during
pendency of the said suit, he unfortunately died. An application for
substitution was moved by legal heirs which which was allowed, but
when the suit was decided, name of deceased/plaintiff-Pooran Singh was
shown, which had led to filing an application Paper No.4-A (RM No.23
of 2026), which is pending consideration. The sole prayer made in the
writ petition is for early disposal of the said application.

3. As no useful purpose would be served in keeping the matter pending, or
calling for counter affidavit or issuing notice to the private respondents, at
this stage, the writ petition is being disposed of, at the admission stage, with
a direction upon Additional Civil Judge (Junior Division), Court No.8,
Mathura to decide the Application 4-A (RM No.23 of 2026), in
accordance with law, after hearing all affected, preferably within a period of
                                                                                               A227 No. 12986 of 2026
                                                                     2


                                    two months from the date of production of certified copy of this order.

                                    4. With the aforesaid direction, present writ petition stands disposed of.

                                    5. It is made clear that this Court has not adjudicated the case on merit.



                                                                                      (Rohit Ranjan Agarwal,J.)
                                    September 18, 2026
                                    SK Goswami




Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad


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