Allahabad High Court
SMT ASHA AND ANOTHERversusRAVINDRA KUMAR AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the lower court to dispose of the pending Order 7 Rule 11 CPC application within three months, without deciding the merits of the case.
Summary
The petitioners, Smt. Asha and another, filed a defendant's petition before the Allahabad High Court seeking an order for the speedy disposal of an application filed under Order 7 Rule 11 of the Civil Procedure Code in the original suit No. 465 of 2009. The High Court observed that keeping the matter pending served no useful purpose and that there was no need to call for a counter‑affidavit or issue notice to the respondents. Consequently, the Court directed the lower court to decide the pending application within three months of the production of the certified copy of this order, after hearing all affected parties. The petition was thereafter disposed of, with the Court expressly stating that it had not adjudicated the merits of the underlying dispute. The order was signed by Justice Rohit Ranjan Agarwal on 23 September 2026.
Issues considered
- Whether the High Court should direct the lower court to dispose of the pending application under Order 7 Rule 11 CPC expeditiously?
Legislation cited
- Code of Civil Procedure, 1908 — s. Order 7 Rule 11
Subjects
- Article 227
- Order 7 Rule 11 CPC
- expeditious disposal
- supervisory jurisdiction
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13303 of 2026
Smt Asha And Another
.....Petitioner(s)
Versus
Ravindra Kumar And Another
.....Respondent(s)
Counsel for Petitioner(s) : Aditi Agarwal, Prateek Kumar
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This is a defendant's petition. In the suit filed by the plaintiff-
respondent, an application under Order 7 Rule 11 CPC has been filed by
the defendant-petitioner, which is pending consideration. The sole prayer
made is for expeditious disposal of the said application.
2. As no useful purpose would be served in keeping the matter pending or
calling for counter affidavit or issuing notice to the respondents, at this
admission stage, the court below is hereby directed to proceed with the
application filed under Order 7 Rule 11 CPC dated 02.12.2010 in Original
Suit No. 465 of 2009 (Ravindra Kumar and another Vs. Smt. Asha and
another) and decide the same within a period of three months from the
date of production of certified copy of this order, in accordance with law,
after hearing all affected parties.
3. With the aforesaid directions, the petition stands disposed of.
4. It is made clear that this Court has not adjudicated the matter on merits.
(Rohit Ranjan Agarwal,J.)
September 23, 2026
A. V. Singh
Digitally signed by :-
AJAY VIKRAM SINGH
High Court of Judicature at Allahabad
Checking your session…