Smt. Kiran Rastogi vs Ramesh Kumar — Writ and Judicial Review | Allahabad HC (2026)

Smt. Kiran Rastogi vs Ramesh Kumar — Writ and Judicial Review | Allahabad HC (2026)

What the court decided

AI extract

Outcome

The Small Cause Court (S.C.C.), Faizabad is directed to consider and decide the pending application dated 05.02.2024 in S.C.C. Case No.11/2021 most expeditiously, affording full opportunity of hearing to the parties but without granting unnecessary adjournments to either party; the merits of either party's case were not examined.

Issue for consideration

Whether, given the repeated adjournments and absence of effective hearings after closure of the plaintiff's evidence in S.C.C. Suit No.11 of 2021 (with the defendant not filing his examination-in-chief), directions should issue to expedite disposal of the pending application dated 05.02.2024 before the Small Cause Court, Faizabad.

Court's answer

From the order-sheet extracts, after closure of the plaintiff's evidence more than two scores of dates had been fixed yet no effective hearing had taken place.

Ratio / Principle

Ends of justice are served not by keeping the petition pending but by directing the Small Cause Court (S.C.C.), Faizabad to consider and decide the pending application dated 05.02.2024 in S.C.C. Case No.11/2021 most expeditiously, affording full opportunity of hearing to the parties without granting unnecessary adjournments.

Key takeaways

The Court has not examined the case of either party on merits; the Court concerned shall consider and decide the case of the petitioner strictly in accordance with law.ratio¶21
Notice to the private-respondent is dispensed with in view of the order proposed to be passed.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Jaspreet Singh, J.; February 23, 2026) in Matters Under Article 227 No. 873 of 2026 — Smt. Kiran Rastogi v. Ramesh Kumar. The petitioner-plaintiff sought expedition of S.C.C. Case No.11/2021 before the Small Cause Court, Faizabad. Her earlier Article 227 writ petition (W.P. No.443 of 2024 (A-227)) had been disposed of by a Coordinate Bench on 01.02.2024 with liberty to move an application before the trial court; that application, filed 05.02.2024, remained undisposed. Her evidence had closed on 24.04.2025, but over two scores of dates were thereafter fixed without any effective hearing, the defendant not appearing and his examination-in-chief remaining unfilled. Dispensing with notice to the private-respondent, the Court directed the Small Cause Court to decide the pending application dated 05.02.2024 most expeditiously, affording full opportunity of hearing without unnecessary adjournments, expressly without examining the merits. Petition disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

MATTERS UNDER ARTICLE 227 No. - 873 of 2026

Smt. Kiran Rastogi

.....Petitioner(s)

Versus

Ramesh Kumar

.....Respondent(s)

Counsel for Petitioner(s)	: Vipin Kumar Mishra
Counsel for Respondent(s)	:

Court No. - 6

HON'BLE JASPREET SINGH, J.

Heard learned counsel for the petitioner.

In view of the order proposed to be passed by this Court, notice to the private-respondent is dispensed with.

The submission of the learned counsel for the petitioner is that earlier, the petitioner had approached this Court by filing a writ petition under Article 227 of the Constitution of India bearing Writ Petition No.443 of 2024 (A-227) seeking expedition of the S.C.C. Suit No.11 of 2021.

It is further urged that a Coordinate Bench of this Court by means of the order dated 01.02.2024 disposed of the petition giving liberty to the petitioner to move an application before the Court concerned.

It is further submitted that in furtherance of the said liberty, the petitioner had moved an application before the trial Court concerned on 05.02.2024, however, the same was not disposed of.

It is further submitted that the petitioner being the plaintiff had concluded her evidence on 24.04.2025 and since thereafter repeated dates are being fixed, but neither the defendant appears or for some reason, the matter gets adjourned and no effective hearing has taken place coupled with the fact that the defendant has not filed his examination-in-chief. In the aforesaid circumstances, it is submitted that the S.C.C. Suit, being a summary nature proceeding, may be expedited.

A227 No. 873 of 2026

2

Considering the aforesaid and from the perusal of the material on record including the extracts of the order-sheets which clearly indicates that after the closure of the plaintiff's evidence more than two scores of dates have been fixed, yet no effective hearing has taken place.

Considering the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the Small Cause Court (S.C.C.), Faizabad to consider and decide the pending application dated 05.02.2024 pending in S.C.C. Case No.11/2021 most expeditiously, affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably as expeditiously as possible.

It is made clear that the Court has not examined the case of either of the parties on merits and the Court concerned shall consider and decide the case of the petitioner strictly in accordance with law.

With the aforesaid, the petition is disposed of .

(Jaspreet Singh,J.)

February 23, 2026

Rakesh/-

Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench