Allahabad High Court
SMT. RASHMIversusSRI RUKAM PAL SINGH
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court may issue a direction under Article 227 for the subordinate court to decide the 6C‑2 application promptly and without unnecessary adjournments.
Summary
Petitioner Smt. Rashmi filed a writ petition under Article 227 seeking a direction to the Civil Judge (J.D.) of Shikohabad, Firozabad, to decide a 6C‑2 application filed in Original Suit No. 308 of 2024 within a short, fixed period. The petitioner argued that the application should be decided expeditiously. The Court observed that the underlying suit was pending and that keeping the writ petition alive served no useful purpose. Consequently, the High Court disposed of the writ petition, directing the lower court to decide the 6C‑2 application promptly and without unnecessary adjournments, subject to any legal impediment. The petition was thus dismissed with the specified direction.
Issues considered
- Whether the High Court can, under Article 227, direct a subordinate civil court to decide a 6C‑2 application under Order 39 Rule 1 & 2 of the CPC expeditiously.
Legislation cited
- Code of Civil Procedure, 1908 — s. Order 39 Rule 1, Order 39 Rule 2
Subjects
- Article 227
- Civil Procedure Code
- Order 39
- 6C‑2 application
- expeditious disposal
- adjournment
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6854 of 2026
Smt. Rashmi
.....Petitioner(s)
Versus
Sri Rukam Pal Singh
.....Respondent(s)
Counsel for Petitioner(s) : Sudhanshu Kumar Singh
Counsel for Respondent(s) :
Court No. - 5
HON'BLE VIKAS BUDHWAR, J.
1. Heard.
2. In view of the order, which is being proposed to be passed today, notices
are not being issued to the respondents.
3. The solitary relief claimed in the present writ petition is for a direction to
the Court of Civil Judge (J.D.), Shikohabad, Firozabad to decide 6C-2
application under order 39 Rule 1 & 2 of C.P.C. in Original Suit No.308 of
2024 (Smt. Rashmi Vs. Rukam Pal Singh) within short stipulated period
fixed by this Hon'ble Court.
4. Learned counsel prayed that the said application may be decided,
expeditiously.
5. Since the above-mentioned case is pending, no useful purpose would be
served in keeping this petition pending.
6. In view of the above, this writ petition stands disposed of with a direction
to the Civil Judge (J.D.), Shikohabad, Firozabad to decide 6C-2 application
under order 39 Rule 1 & 2 of C.P.C. in Original Suit No.308 of 2024 (Smt.
Rashmi Vs. Rukam Pal Singh), expeditiously, without granting any
unnecessary adjournments, subject to legal impediment.
May 18, 2026
N.S.Rathour
(Vikas Budhwar,J.)
Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad
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