Allahabad High Court
SATENDRA NATH AND ANOTHERversusBHAGWAN DAS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The writ petition is disposed of without adjudicating merits, and the lower court is directed to decide the pending Order IX Rule 13 application within three months.
Summary
Satendra Nath and another filed a writ petition under Article 227 seeking the expeditious disposal of an application filed under Order IX Rule 13 of the CPC, which was pending in the original suit. The petition sought only a direction to the lower court to decide the application promptly. The High Court, finding no merit to be decided and deeming the petition unnecessary to proceed further, disposed of the writ petition at the admission stage without calling for a counter‑affidavit or issuing notice. The Court directed the trial court to decide the pending application within three months of receiving a certified copy of this order. The Court expressly clarified that it had not adjudicated the substantive merits of the underlying dispute.
Issues considered
- Whether a writ petition under Article 227 can be entertained solely for the purpose of directing expeditious disposal of a pending application under Order IX Rule 13 CPC
- Whether the High Court may dispose of such a petition without hearing the parties on the merits
Legislation cited
- Code of Civil Procedure, 1908 — s. Order IX Rule 13
Subjects
- Article 227
- Writ Petition
- Order IX Rule 13
- Civil Procedure Code
- Expeditious Disposal
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13861 of 2026
Satendra Nath And Another
.....Petitioner(s)
Versus
Bhagwan Das
.....Respondent(s)
Counsel for Petitioner(s) : Abhishek Misra, Akshay Kumar
Srivastava
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This is defendant's petition.
2. The suit filed by plaintiff-respondent was decreed ex-parte against which
an application under Order IX Rule 13 CPC has been moved by defendant-
petitioner, which is pending consideration. The sole prayer made in the writ
petition is for expeditious disposal of the application under Order IX Rule 13
CPC.
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 application under Order IX Rule 13 CPC
registered as Misc. Case No. 242 of 2023 filed in Original Suit No. 739 of
2017, in accordance with law, after hearing all affected parties, preferably
within a period of three 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.)
October 1, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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