Allahabad High Court
YASHPAL SINGHversusMALIKHAN SINGH
- Decided
- Bench
- Y K SRIVASTAVA
Holding
A transfer application cannot proceed and must be dismissed where the applicant fails to prosecute the proceeding.
Summary
The applicant, Yashpal Singh, filed a transfer application (Civil) No. 106 of 2025 before the Allahabad High Court seeking to shift the suit to another court. No counsel appeared on behalf of the applicant to press the application. Consequently, the Court observed that the application was not being prosecuted. The Court dismissed the transfer application on the ground of want of prosecution. In addition, the Court vacated any interim order that had been granted earlier in the proceedings. The dismissal leaves the suit to continue in the original court without any transfer.
Issues considered
- Whether a transfer application should be dismissed for want of prosecution when the applicant fails to appear?
- Whether the interim order previously granted should be vacated upon dismissal of the transfer application?
Subjects
- transfer of suit
- civil procedure
- want of prosecution
- interim order
- vacated
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CIVIL) No. - 106 of 2025
Yashpal Singh
.....Applicant(s)
Versus
Malikhan Singh
.....Opposite
Party(s)
Counsel for Applicant(s) : Ranjeet Prajapati, Suresh Dhar Dwivedi
Counsel for Opposite Party(s) : Rama Shanker Mishra
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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