Allahabad High Court

BHARAT LALversusVIJAY KUMAR AND 2 OTHERS

Decided: 29 September 2026
Bench: ROHIT RANJAN AGARWAL

Holding

The High Court directed the Civil Judge to decide the pending 6-C application within a month, disposing of the writ petition without adjudicating the merits.

Summary

Bharat Lal filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), Jaunpur, to decide a Section 6-C application filed in Case No. 185 of 2021. The petitioner argued that the pending application required prompt adjudication. The High Court observed that keeping the matter pending served no useful purpose and therefore disposed of the writ petition at the admission stage without calling for a counter‑affidavit or issuing notice 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 case. Consequently, the writ petition was disposed of with a specific direction to the lower court. The order was signed by Justice Rohit Ranjan Agarwal on 30 September 2026.

Issues considered

What direction, if any, should the High Court give to a lower civil court to decide a pending Section 6-C application under Article 227?

Subjects

Article 227
Writ petition
Civil Procedure
Section 6-C application
Direction to lower court
Disposition at admission stage

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                 MATTERS UNDER ARTICLE 227 No. - 13669 of 2026

                                    Bharat Lal
                                                                                                   .....Petitioner(s)
                                                                         Versus

                                    Vijay Kumar And 2 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                          :   Ranjeet 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 Civil
                                    Judge (Junior Division), Jaunpur to decide 6-C application filed in Case
                                    No.185 of 2021.

                                    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 (Junior Division), Jaunpur to decide 6-C application filed
                                    in Case No.185 of 2021, 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 30, 2026
                                    SK Goswami




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

Continue reading with your account

Checking your session…