Ashok Kumar And Anothers v. Krishna Chandra And 15 Others
Case at a glance
Provisions considered
- Code of Civil Procedure, 1908 O. 9 r. 13
Judgment
This is a defendants' petition. The suit filed by the plaintiffs-respondents was decreed ex-parte. Against the ex-parte judgment and decree, an application under Order 9 Rule 13 CPC was filed by the petitioners which is pending consideration being registered as Misc. Case No.38 of 2012. The sole prayer made in the writ petition is for expeditious disposal of the said application. As no useful purpose would be served in keeping the matter pending, or calling for counter affidavit or issuing notice to the private respondents, the matter is being disposed of, at the admission stage, with a direction upon Civil Judge (Junior Division), Khalilabad, Basti to decide the application under Order 9 Rule 13 CPC being registered as Misc. Case No.38 of 2012, if there is no legal impediment and after hearing all the concerned parties, strictly in accordance with law, expeditiously, preferably within a period of four months from the date of production of certified copy of this order. With the aforesaid direction, present writ petition stands disposed of. It is made clear that this Court has not adjudicated the case on merit. Order Date :- 13.2.2025 SK Goswami SHIVAKANT GOSWAMI High Court of Judicature at Allahabad
Questions this judgment answers
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — O. 9 r. 13.
Which court decided this case, and when?
Allahabad High Court, on 13 Feb 2025. The bench was ROHIT RANJAN AGARWAL.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.