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Allahabad High Court

RAM LAUTANversusACHALDHAR AND ANOTHER

Decided

Holding

The High Court disposed of the writ petition at the admission stage, without adjudicating merits, and directed the lower court to decide the pending Order IX Rule 13 application within three months.

Summary

The petitioner 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 decreed ex-parte. The High Court, noting that no substantive hearing was required, disposed of the writ petition 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 pending application within three months of receiving a certified copy of the order. No merits of the underlying dispute were adjudicated. Consequently, the writ petition was dismissed and the matter was referred back to the trial court for further proceedings.

Issues considered

  • Whether a writ petition under Article 227 can be entertained solely for the purpose of expediting the disposal of a pending application under Order IX Rule 13 CPC.
  • Whether the High Court may dispose of such a writ petition at the admission stage without issuing notice to the respondents.

Legislation cited

Subjects

  • Article 227
  • Writ Petition
  • Expeditious Disposal
  • Order IX Rule 13
  • Civil Procedure Code

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     MATTERS UNDER ARTICLE 227 No. - 13883 of 2026

                                    Ram Lautan
                                                                                                   .....Petitioner(s)
                                                                         Versus

                                    Achaldhar And Another
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)          : Keshawa Prasad        Pandey,     Krishna
                                                                         Chandra Pandey
                                    Counsel for Respondent(s)          :

                                    Court No. - 9
                                                       HON'BLE ROHIT RANJAN AGARWAL, J.

                                    1. This is defendant's petition.

                                    2. The suit filed by plaintiffs-respondents was decreed ex-parte against
                                    which an application under Order IX Rule 13 CPC has been filed, 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 application under Order IX Rule 13 CPC
                                    registered as Misc. Case No. 36 of 2026 filed in Original Suit No. 499 of
                                    2002, 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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