Allahabad High Court
RAKESH KUMAR AGRAHARIversusPISHOO @ SONU AND 5 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The writ petition is disposed of without adjudicating the merits, with a direction to the trial court to decide the pending restoration application within two months.
Summary
The petitioner filed a writ petition under Article 227 seeking an order for the speedy disposal of an application filed under Order IX Rule 9 of the CPC, which remained pending after the original suit was dismissed for want of prosecution on 13-08-2015. The court noted that the writ petition had no substantive merit and that keeping the matter pending would serve no useful purpose. Consequently, the court disposed of the writ petition at the admission stage without calling for a counter‑affidavit or issuing notice to the private respondents. The court directed the concerned trial court to decide the pending restoration application (Case No. 310 of 2022 arising out of Suit No. 869 of 2011) within two months of the order. It was expressly stated that the High Court did not adjudicate the merits of the underlying dispute.
Issues considered
- What procedural steps are required for the disposal of a pending application under Order IX Rule 9 CPC in a writ petition under Article 227?
- Whether the High Court can dispose of the writ petition without hearing the respondents or issuing a notice.
Legislation cited
- Code of Civil Procedure, 1908 — s. Order IX Rule 9
Subjects
- Article 227
- writ petition
- Order IX Rule 9 CPC
- restoration of suit
- expeditious disposal
- court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13217 of 2026
Rakesh Kumar Agrahari
.....Petitioner(s)
Versus
Pishoo @ Sonu And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anil Kumar Rajak
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This is defendant's petition.
2. The suit filed by plaintiffs-respondents was dismissed for want of
prosecution on 13.08.2015 wherein the defendant had appeared and an
application under Order IX Rule 9 CPC was filed, 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 restoration application registered as Case
No. 310 of 2022 arising out of Suit No. 869 of 2011, in accordance with law,
after hearing all affected parties, preferably within a period of two 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 23, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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