Smt. Meera Devi and 2 Others vs Shyamveer — Writ and Judicial Review | Allahabad HC (2025)

Smt. Meera Devi and 2 Others vs Shyamveer — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of: order dated 2.12.2021 of the trial court set aside and directed to be treated as an order passed on the application under Order IX Rule 13 CPC; trial court to carry out necessary corrections in the order-sheet; Registrar (Compliance) directed to communicate the order to the court concerned for compliance within 48 hours.

Issue for consideration

Whether the order dated 02.12.2021 of the trial court dismissing Original Suit No. 751 of 2008 for want of prosecution should be set aside, given that an application under Order IX Rule 13 CPC was pending consideration after the suit stood decreed on 9.1.2012.

Court's answer

The trial court ought to have passed the order on the pending application under Order IX Rule 13 CPC, but instead passed it on Original Suit No. 751 of 2008.

Ratio / Principle

The order impugned dated 2.12.2021 passed by the trial court, by which Original Suit No. 751 of 2008 was dismissed, is set aside.

Key takeaways

The order dated 2.12.2021 shall be treated as an order passed on the application under Order IX Rule 13 CPC.ratio¶12
Necessary corrections in the order-sheet of the trial court shall be carried out by the concerned court.ratio¶13

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Rohit Ranjan Agarwal, J.), in a petition under Article 227 by Smt. Meera Devi and 2 others against Shyamveer, dealt with a suit (Original Suit No. 751 of 2008) that was decreed ex parte on 9.1.2012. The defendant's application under Order IX Rule 13 CPC (Misc. Case No. 19 of 2012) was dismissed on 19.2.2014; his Misc. Civil Appeal No. 33 of 2014 was allowed on 9.4.2019 with remand for fresh decision on the Rule 13 application. Instead of restoring the Misc. Case, the trial court restored the suit itself on 6.5.2019 and thereafter dismissed it for want of prosecution on 2.12.2021. Holding that the order should have been passed on the pending Order IX Rule 13 CPC application rather than on the suit, the Court set aside the order dated 2.12.2021 and directed that it be treated as an order passed on the Rule 13 application; the trial court was to correct the order-sheet, and the Registrar (Compliance) was to communicate the order for compliance within 48 hours.

Neutral Citation No. - 2025:AHC:65366

Court No. - 9

Case :- MATTERS UNDER ARTICLE 227 No. - 2488 of 2025

Petitioner :- Smt. Meera Devi And 2 Others Respondent :- Shyamveer Counsel for Petitioner :- Prashant Yadav,Rajeev Kumar

Hon'ble Rohit Ranjan Agarwal,J.

This writ petition has been filed with the following prayer;

"a. . Issue order or direction to set aside the impugned order 02.12.2021 (Annexure No. 7) passed by the learned Trial Court in Original Suit No. 751 of 2008 (Smt. Meera Devi and others Versus Shvamveer) as well as impugned order dated 09.04.2019 (Annexure No. 6) passed by the learned Appellate Court in Misc. Civil Appeal No. 33 of 2014 (Shyamveer Versus Smt. Meera Devi and others). District Judge Court No. 01, Mathura In Misc. Case No. 645 of 2016 (Akhilesh Kumar Versus Rajveer Singh and others)."

This Court on 7.4.2025 has sought the instructions from the court below as to how the suit which was decreed on 9.1.2012, was dismissed once application under Order IX Rule 13 CPC was pending consideration. The report of Additional Civil Judge (Junior Division), Court No. 6, Mathura dated 22.4.2024 through District Judge, Mathura has been transmitted to this Court through Registrar General, which is on record.

I have perused the report of concerned court. From perusal of the same, it is clear that initially Original Suit No. 751 of 2008 filed by petitioner was decreed ex parte on 9.1.2012. The defendant respondent had filed an application under Order IX Rule 13 CPC which was registered as Misc. Case No. 19 of 2012. The said application was dismissed on 19.2.2014, against which the defendant had filed Misc. Civil Appeal No. 33 of 2014 which was allowed on 9.4.2019 and order of trial court was set aside and matter was remitted for deciding the application under Order IX Rule 13 CPC afresh.

The trial court in place of restoring the Misc. Case No. 19 of 2012 had restored the Original Suit No. 751 of 2008 on 6.5.2019. The said suit was dismissed for want of prosecution on 2.12.2021. It seems that defendant was not pursuing his application under Order IX Rule 13 CPC. The order should have been passed on the application under Order IX Rule 13 CPC, however, it was passed on Original Suit No. 751 of 2008.

Considering the report of Additional Civil Judge (Junior

Division), Court No. 6, Mathura, the order impugned dated 2.12.2021 passed by the trial court is hereby set aside by which Original Suit No. 751 of 2008 has been dismissed by the trial court. The order dated 2.12.2021 shall be treated as an order passed on the application under Order IX Rule 13 CPC.

With the aforesaid observations, writ petition stands disposed of. Necessary corrections in the order-sheet of trial court shall be carried out by the concerned court.

Registrar (Compliance) is directed to communicate this order to the court concerned for necessary compliance within 48 hours.

Order Date :- 28.4.2025 Shekhar

Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad