Allahabad High Court

SHISHUPAL SINGHversusVIRENDRA SINGH AND 4 OTHERS

Decided: 17 September 2026
Bench: ROHIT RANJAN AGARWAL

Holding

The High Court disposed of the writ petition without adjudicating merits and directed the lower court to decide the pending application in accordance with law.

Summary

The petitioner Shishupal Singh filed a writ petition under Article 227 seeking a direction to the Additional Civil Judge (Senior Division), Court No. 6, Kanpur Nagar, to decide an application filed under Order 39 Rule 1 & 2 read with Section 151 of the CPC in Original Suit No. 1879 of 2023. The High Court observed that keeping the petition pending would serve no useful purpose and disposed of it at the admission stage without calling for a counter‑affidavit or issuing notice to the private respondents. The Court directed the lower court to decide the pending application, if any, in accordance with law, within one month of receiving a certified copy of the order, after hearing all affected parties. It was expressly stated that the High Court did not adjudicate the merits of the underlying dispute. Consequently, the writ petition was dismissed and the matter was left to the lower court for further determination.

Issues considered

Whether the High Court can, under Article 227, direct the lower court to decide an application pending under Order 39 Rule 1 & 2 and Section 151 CPC.
Whether the writ petition can be disposed of at the admission stage without hearing the respondents.

Legislation cited

Code of Civil Procedure, 1908 — s. Order 39 Rule 1, Order 39 Rule 2, Section 151

Subjects

Article 227
Writ petition
Civil Procedure Code
Order 39
Section 151
Jurisdiction
Disposal at admission stage

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13041 of 2026

Shishupal Singh
.....Petitioner(s)
Versus

Virendra Singh And 4 Others
.....Respondent(s)

Counsel for Petitioner(s) : Ashutosh Krishna, Kartikey Yadav
Counsel for Respondent(s) :

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

1. This writ petition has been filed seeking a direction upon learned
Additional Civil Judge (Senior Division), Court No. 6, Kanpur Nagar to
decide application under Order 39 Rule 1 & 2 read with Section 151 CPC
filed in Original Suit No. 1879 of 2023.

2. 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 under Order 39 Rule 1 & 2
read with Section 151 CPC, in case, the same is pending consideration in
Original Suit No. 1879 of 2023, in accordance with law, after hearing all
affected parties, preferably within a period of one month from the date of
production of certified copy of this order.

3. With the aforesaid directions, writ petition stands disposed of.

4. It is made clear that this Court has not adjudicated the matter on merits.

(Rohit Ranjan Agarwal,J.)
September 18, 2026
A. V. Singh

Digitally signed by :-
AJAY VIKRAM SINGH
High Court of Judicature at Allahabad

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