Allahabad High Court
RAM VILASH DINKARversusSMT. SAROJ WALA
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The writ petition is disposed of at the admission stage, with a direction to the lower court to decide the restoration application within two months, without adjudicating the merits.
Summary
The plaintiff's original suit was dismissed for want of prosecution, and an application under Order IX Rule 4 of the CPC for restoration of the suit is pending. The plaintiff filed a writ petition under Article 227 seeking expeditious disposal of the restoration application. The High Court, finding no merit in continuing the writ petition, disposed of it at the admission stage without calling for a counter‑affidavit or issuing notice to private respondents. The Court directed the lower court to decide the restoration application within two months of the order. It was clarified that the Court did not adjudicate the substantive merits of the restoration application.
Issues considered
- Whether a writ petition under Article 227 seeking expeditious disposal of a pending restoration application can be disposed of at the admission stage without hearing the parties
- Whether the High Court can direct the lower court to decide the restoration application within a specified time
Legislation cited
- Code of Civil Procedure, 1908 — s. Order IX Rule 4
Subjects
- Article 227
- Writ Petition
- Restoration of Suit
- Order IX Rule 4 CPC
- Want of Prosecution
- Expeditious Disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13679 of 2026
Ram Vilash Dinkar
.....Petitioner(s)
Versus
Smt. Saroj Wala
.....Respondent(s)
Counsel for Petitioner(s) : Rajnish Kumar Srivastava, Siddharth
Srivastava
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This is plaintiff's petition.
2. The suit filed by plaintiff was dismissed for want of prosecution. An
application under Order IX Rule 4 CPC was moved for restoring the said
case, 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 filed under Order
IX Rule 4 CPC registered as Misc. Case No. 184 of 2022 in Original Suit
No. 975 of 2017, 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 30, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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