Allahabad High Court
SMT ANUSHKA SHARMAversusARUN KUMAR SHARMA
- Decided
- Bench
- Y K SRIVASTAVA
Holding
A transfer application that fails to satisfy the mandatory procedural steps is liable to be dismissed.
Summary
Smt. Anushka Sharma filed a transfer application under Chapter XII Rule 4 of the Rules of the Court before the Allahabad High Court. The application was to be considered by Justice Yogendra Kumar Srivastava. The Court observed that the applicant's counsel had not taken the requisite procedural steps required for a transfer application. Consequently, the Court held that the application could not be entertained. The transfer application was therefore dismissed.
Issues considered
- What procedural requirements must be complied with for a transfer application under Chapter XII Rule 4?
Subjects
- transfer of suit
- procedural default
- Civil Procedure Code
- High Court
- Chapter XII Rule 4
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CIVIL) No. - 1036 of 2024
Smt Anushka Sharma
.....Applicant(s)
Versus
Arun Kumar Sharma
.....Opposite
Party(s)
Counsel for Applicant(s) : Rohit Kumar Singh, Surendra Kumar
Sharma
Counsel for Opposite Party(s) :
Court No. - 35
HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.
The case is listed under Chapter XII Rule 4 of the Rules of the Court.
It is pointed out that requisite steps have not been taken by learned
counsel for the applicant.
Transfer application stands dismissed accordingly.
(Dr. Yogendra Kumar Srivastava,J.)
May 6, 2026
RKK/-
Digitally signed by :-
RAJ KUMAR KANNAUJIA
High Court of Judicature at Allahabad
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