Allahabad High Court
SMT. BRIJESH AND 2 OTHERSversusHDFC ERGO GENERAL INSURANCE COMOANY LTD AND 2 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the lower court to decide the restoration application within two months and disposed of the petition without adjudicating the merits.
Summary
The petitioners sought a direction for the restoration of a suit that had been dismissed for want of prosecution. The High Court noted that no further procedural steps such as counter‑affidavit or notice were necessary at the admission stage. Accordingly, the Court directed the lower court to proceed with the pending restoration application (Misc. Case No. 228 of 2024) and to decide it within two months of receiving the certified copy of this order. The petition was disposed of without any merits being adjudicated. The order emphasizes that the High Court has not decided the substantive issues of the original suit.
Issues considered
- Whether the High Court should direct the lower court to decide the restoration application for a suit dismissed for want of prosecution
Subjects
- Restoration of suit
- Want of prosecution
- Article 227
- Civil Procedure Code
- High Court directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13768 of 2026
Smt. Brijesh And 2 Others
.....Petitioner(s)
Versus
Hdfc Ergo General Insurance Comoany Ltd And 2
Others .....Respondent(s)
Counsel for Petitioner(s) : Amar Nath
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/Misc. Case No. 228 of 2024 dated 25.09.2024
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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