Allahabad High Court
TARA DEVIversusBRIJESH SINGH AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The writ petition is disposed of at the admission stage without merits, and the lower court is directed to decide the restoration application within two months.
Summary
The plaintiff's suit was dismissed for want of prosecution, and an application under Order IX Rule 4 of the Civil Procedure Code seeking restoration of the suit is pending. The petitioner filed a writ petition under Article 227 solely requesting an 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 receiving a certified copy of this order. It was expressly stated that the Court did not adjudicate the substantive merits of the suit restoration matter.
Issues considered
- What procedural steps are appropriate for disposing of a writ petition seeking expeditious disposal of a pending restoration application under Order IX Rule 4 CPC?
Legislation cited
- Code of Civil Procedure, 1908 — s. Order IX Rule 4
Subjects
- civil procedure
- restoration of suit
- want of prosecution
- writ petition
- Article 227
- Order IX Rule 4
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13692 of 2026
Tara Devi
.....Petitioner(s)
Versus
Brijesh Singh And Another
.....Respondent(s)
Counsel for Petitioner(s) : Shailesh Kumar Mishra, Vinay Kumar
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 dated 11.07.2023
filed under Order IX Rule 4 CPC in Case No. 1327 of 2020, 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
Checking your session…