Subhash Chandra vs Vikram Singh & Ors.

Hon’ble Ravindra Maithani, J. (Oral)

By means of the instant petition, the petitioner seeks directions for expeditious disposal of the application bearing Paper No.7-C2, under Order 39 Rules 1 and 2 and Section 151 of the Code of Civil Procedure, 1908 (“the Code”), filed by the petitioner in Civil Suit No.243 of 2026, Subhash Chandra Vs. Vikram Singh and others (“the suit”).

Heard learned counsel for the parties and perused the record.

The suit was filed on 14.09.2026. This Court may not direct for expeditious as such. The fact remains that the petitioner has filed an application under Order 39 Rules 1 and 2 and Section 151 of the Code, which is Annexure No.1 to the writ petition and the first order-sheet of the suit is Annexure No.3, which records that on 14.09.2026, the plaint was presented and suit was registered, but it appears that no order was passed on the application under Order 39 Rules 1 and 2 and Section 151 of the Code. The application ought to have been considered on that date. It is submitted that now the next date fixed on 26.11.2026.

Learned counsel for the petitioner submitted that no order was passed on the application under Order 39 Rules 1 and 2 and Section 151 of the Code filed by the petitioner in the suit.

It is expected that if in a suit an application under Order 39 Rules 1 and 2 and Section 151 of the Code is filed, it ought to have been considered by the court on the same date. It depends on the facts and circumstances of the case, as to whether ex parte order is passed or not. But, consideration of an application is an obligation on the court. This Court now expects from the court below that on 26.11.2026, the application filed by the petitioner under Order 39 Rules 1 and 2 and Section 151 of the Code is considered.

With the above observation, the petition stands disposed of.