Allahabad High Court
Smt. PRATIBHA JAISWALversusSANTOSH JAISWAL
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The transfer application is dismissed for want of prosecution, and the earlier interim order is vacated.
Summary
The applicant, Smt. Pratibha Jaiswal, filed a transfer application (Civil) No. 1020 of 2023 before the Allahabad High Court seeking to transfer the suit against Santosh Jaiswal. No counsel appeared on behalf of the applicant to pursue the application. Consequently, the Court dismissed the transfer application for want of prosecution. The Court also vacated any interim order that had been previously granted. The dismissal was recorded by Justice Yogendra Kumar Srivastava on May 5, 2026.
Issues considered
- What is the appropriate course of action when a transfer application is filed but the applicant fails to appear or prosecute the application?
- Should the interim order previously granted in the suit remain in force despite the dismissal of the transfer application?
Subjects
- transfer of suit
- civil procedure
- want of prosecution
- interim order vacated
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CIVIL) No. - 1020 of 2023
Smt. Pratibha Jaiswal
.....Applicant(s)
Versus
Santosh Jaiswal
.....Opposite
Party(s)
Counsel for Applicant(s) : Ankur Vishwakarma, Kapoor Chandra
Vishwakarma
Counsel for Opposite Party(s) :
Court No. - 35
HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.
....
Case called out in the revised list.
No one appeared on behalf of the applicant to press this transfer
application.
The transfer application is dismissed for want of prosecution.
Interim order, if any, granted earlier, stands vacated.
(Dr. Yogendra Kumar Srivastava,J.)
May 5, 2026
Arun K. Singh
Digitally signed by :-
ARUN KUMAR SINGH
High Court of Judicature at Allahabad
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