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Allahabad High Court

RAJRANI AND ANOTHERversusSMT. SHANTI AND 5 OTHERS

Decided

Holding

The petition is disposed, permitting the petitioners to continue with the pending recall application.

Summary

The petitioners sought relief under Article 227 to stay a pending recall application concerning an ex parte decree dated 28‑04‑2011 in Original Suit No. 313 of 1984 (Jagdish Bharti v. Chandan Lal). The decree was challenged by a recall application filed in Misc. Case No. 1174 of 2012, which remains pending. After the death of the original respondent, the petitioners claimed substitution of parties and faced an objection in Execution Case No. 03 of 2012, which was rejected on 02‑04‑2026. The petitioners asked the court to dispose of the recall application and to forgo the challenge to the 02‑04‑2026 order. The High Court disposed of the petition, allowing the petitioners to continue pursuing the pending recall application, and directed that it be decided without unnecessary adjournments. No legal impediment to proceeding with the recall was identified.

Issues considered

  • Whether the petition under Article 227 to stay the pending recall application and challenge the order of 02‑04‑2026 is maintainable.
  • Whether the court can direct the recall application to be decided without further adjournments.

Subjects

  • Article 227
  • recall of decree
  • ex parte decree
  • substitution of parties
  • execution proceedings
  • adjournment
  • Civil Procedure Code

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    MATTERS UNDER ARTICLE 227 No. - 6223 of 2026

                                    Rajrani And Another
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    Smt. Shanti And 5 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)               :     Anurag Rai, Anurag Tiwari
                                    Counsel for Respondent(s)               :

                                    Court No. - 5
                                                          HON'BLE VIKAS BUDHWAR, J.

                                    1. Heard Sri Anurag Rai, learned counsel for the defendant-petitioners.

                                    2. In view of the order, which is being proposed to be passed today, notices
                                    are not being issued to the plaintiff-respondents.

                                    3. The case of the defendant-petitioners is that there happens to be an
                                    Original Suit no.313 of 1984 instituted by Jagdish Bharti vs Chandan Lal on
                                    05.07.1984 before the Court of Civil Judge (Jr. Div.) Fatehpur, which came
                                    to be decreed exparte on 28.04.2011. Thereafter, the husband of defendant-
                                    petitioner no.1 preferred a recall application in the year for recalling the
                                    order dated 28.04.2011 in Misc. Case no. 1174 of 2012, which is pending.
                                    However, Chandan Lal expired. Thereafter the petitioners claim to have got
                                    substituted and they are pursuing the said proceedings, however, now
                                    Execution Case no. 03 of 2012 has been preferred to which an objection was
                                    preferred, which was rejected on 02.04.2026. Learned counsel for the
                                    petitioners confines the relief for disposal of the recall application and
                                    forgoes the claim with respect to the challenge raised to the order dated
                                    02.04.2026.

                                    4. Bearing in mind the aforesaid fact situation, the petition stands disposed
                                    of leaving it open to the petitioners to pursue the recall application, which is
                                    pending for recalling of the order dated 28.04.2011.

                                    5. It is expected that if there is no legal impediment, the recall application be
                                    decided without granting unnecessary adjournment in that regard.

                                    May 5, 2026
                                    N.S.Rathour

                                                                                              (Vikas Budhwar,J.)




Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad


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