Allahabad High Court

CHHOTE LALversusSMT REKHA

Decided: 22 September 2026
Bench: ROHIT RANJAN AGARWAL

Holding

The High Court directed the Civil Judge to decide the pending 6‑C application within a month and disposed of the writ petition without adjudicating its merits.

Summary

The petitioner, Chhote Lal, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division) of Banda to decide a Section 6‑C application pending in Original Suit No.18 of 2026. The High Court observed that keeping the matter pending would serve no useful purpose and therefore disposed of the petition at the admission stage. No counter‑affidavit was called for and no notice was issued to private respondents. The Court directed the Civil Judge to decide the 6‑C application in accordance with law, after hearing all affected parties, preferably within one month of the certified copy of the order. It was expressly stated that the Court did not adjudicate the merits of the underlying dispute. Consequently, the writ petition stands disposed.

Issues considered

Whether the High Court can, under Article 227, direct a lower civil court to decide a pending Section 6‑C application without hearing the parties.
Whether the writ petition can be disposed of at the admission stage without calling for a counter‑affidavit or issuing notice to private respondents.

Subjects

Article 227
Writ Petition
Civil Procedure Code
Section 6‑C application
Admission stage disposal
High Court jurisdiction
Direction to lower court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                 MATTERS UNDER ARTICLE 227 No. - 13276 of 2026

                                    Chhote Lal
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    Smt Rekha
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)                        :     Sudeep Dwivedi
                                    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 Civil
                                    Judge (Senior Division), Banda to decide 6-C application filed in Original
                                    Suit No.18 of 2026.

                                    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 Civil Judge (Senior Division), Banda to decide 6-C application filed in
                                    Original Suit No.18 of 2026, 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 direction, present writ petition stands disposed of.

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



                                                                                         (Rohit Ranjan Agarwal,J.)
                                    September 23, 2026
                                    SK Goswami




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

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