Disposed

Smt Balkumari v. Smt Neelam Yadav and 3 Others

Allahabad HC17 Sept 2026A227/12975/2026

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What is this about?

The Court considered a petition seeking expeditious disposal of a recall application pending before the Additional Civil Judge (Senior Division), Kanpur Nagar. It directed that court to decide the application after hearing all affected persons, preferably within two months from production of the certified copy, and disposed of the writ petition without adjudicating the underlying suit.

What did the court decide?

The Additional Civil Judge (Senior Division), Kanpur Nagar was directed to decide Recall Application Paper No. 88-C under Order IX Rule 13 CPC in Original Suit No. 489 of 2016, after hearing all affected persons, preferably within two months from production of the certified copy.

Smt Balkumari Vs Smt Neelam Yadav and 3… — Civil Procedure and Limitation | Allahabad HC (2026)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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MATTERS UNDER ARTICLE 227 No. - 12975 of 2026

Smt Balkumari

.....Petitioner(s)

Versus

Smt Neelam Yadav And 3 Others

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.....Respondent(s)

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Counsel for Petitioner(s) : Ankit Kapoor Counsel for Respondent(s) :

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Court No. - 9

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HON'BLE ROHIT RANJAN AGARWAL, J.

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1. This writ petition has been filed with the following prayer:-

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"i. Issue an order or direction to the court of Additional Civil Judge (Senior Division), Kanpur Nagar, to decide the recall application paper no. 88C filed under order 9 Rule 7 read with section 151 C.P.C. filed in original suit no. 489 of 2016 (Smt. Neelam Yadav Versus Umeshchandra Yadav and others) pending before him within stipulated period of time as fixed by this Hon'ble High Court."

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It is contended that in the suit filed by the plaintiff-respondent, an order dismissing the suit ex-parte was passed, against which, an application under Order IX Rule 13 CPC has been moved which is pending consideration. The sole prayer made in the writ petition is for expeditious disposal of the said application.

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As no useful purpose would be served in keeping the matter pending, or calling for counter affidavit or issuing notice to the private respondents, at this stage, the writ petition is being disposed of, at the admission stage, with a direction upon Additional Civil Judge (Senior Division), Kanpur Nagar to decide the recall application (Paper No.88-C) filed under Order IX Rule 13 CPC in Original Suit No.489 of 2016, in accordance with law, after hearing all affected, preferably within a period of two months from the date of production of certified copy of this order.

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With the aforesaid direction, present writ petition stands disposed of.

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A227 No. 12975 of 2026

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It is made clear that this Court has not adjudicated the case on merit.

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(Rohit Ranjan Agarwal,J.)

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September 18, 2026 SK Goswami

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Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad

Smt Balkumari v. Smt Neelam Yadav and 3 Others

Case brief

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Smt Balkumari v. Smt Neelam Yadav and 3 Others

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