Allahabad High Court
KRISHNA CHANDversusTANVIR AHMAD AND 6 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the lower court to decide the restoration application within two months, without adjudicating its merits.
Summary
The plaintiff's suit was dismissed for want of prosecution, and a restoration application (No. 154 of 2022) was filed. The petitioner sought a direction from the High Court under Article 227 to have the lower court decide the restoration application. The High Court found no need for further pleadings, counter‑affidavits, or notices and ordered the lower court to decide the restoration application within two months of receiving the certified copy of this order. The court emphasized that it was not deciding the merits of the restoration application. Consequently, the petition was disposed of with the directive to the lower court.
Issues considered
- Whether the High Court should intervene under Article 227 to direct the lower court to decide a pending restoration application.
- Whether procedural steps such as counter‑affidavits or notices are necessary before directing the lower court to decide the restoration application.
Subjects
- Civil Procedure Code
- Restoration of suit
- Article 227
- Dismissal for want of prosecution
- Judicial direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13767 of 2026
Krishna Chand
.....Petitioner(s)
Versus
Tanvir Ahmad And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anil Kumar Dubey, Chandra Bhan
Dubey
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 dismissed
for want of prosecution. A restoration application has been filed, which is
pending consideration. The sole prayer made is for deciding the
restoration 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
Restoration Application No. 154 of 2022 and decide the same within a
period of two 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
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