Allahabad High Court
PRAMOD KUMAR MAURYAversusVINAY KUMAR MAURYA AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the lower court to decide the pending Order 9 Rule 13 application within three months, without adjudicating the merits.
Summary
The plaintiff's suit was decreed ex-parte, after which the defendant filed an application under Order 9 Rule 13 of the CPC, which remains pending. The petitioner filed a petition under Article 227 seeking an expeditious disposal of that application. The High Court observed that no further procedural steps such as counter‑affidavit or notice were necessary at the admission stage. Accordingly, it directed the lower court to decide the pending Order 9 Rule 13 application within three months of receiving the certified copy of the order, after hearing all affected parties. The Court clarified that it has not decided the merits of the underlying dispute and disposed of the petition.
Issues considered
- Whether the High Court, exercising its supervisory jurisdiction under Article 227, can direct the lower court to expedite a pending application under Order 9 Rule 13 CPC.
Legislation cited
- Code of Civil Procedure, 1908 — s. Order 9 Rule 13
Subjects
- Article 227
- Order 9 Rule 13
- ex‑parte decree
- expeditious disposal
- high court supervisory jurisdiction
- Civil Procedure Code
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13765 of 2026
Pramod Kumar Maurya
.....Petitioner(s)
Versus
Vinay Kumar Maurya And Another
.....Respondent(s)
Counsel for Petitioner(s) : Hari Keshav
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This is a plaintiff's petition. The suit filed by the plaintiff was decreed
ex-parte. Against which, the defendant had filed an application under
Order 9 Rule 13 CPC, which is pending consideration. The sole prayer
made is for expeditious disposal of the same.
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 9 Rule 13 CPC being Case No. 110 of 2022
(Vinay Kumar Maurya and another Vs. Pramod Kumar Maurya) 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 30, 2026
A. V. Singh
Digitally signed by :-
AJAY VIKRAM SINGH
High Court of Judicature at Allahabad
Checking your session…