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Allahabad High Court

SMT. PRIYA AGARWALversusDEEPAK GOYAL

Decided

Holding

The transfer application is dismissed for non‑compliance with procedural requirements.

Summary

The applicant, Smt. Priya Agarwal, filed a transfer application under Chapter XII Rule 4 of the Court Rules seeking to transfer the suit against Deepak Goyal. The court observed that the applicant's counsel had not complied with the requisite procedural steps required for such an application. Consequently, the judge found the application defective and not maintainable. No substantive merits of the transfer were examined. The application was therefore dismissed.

Issues considered

  • Whether the transfer application complies with the procedural requirements under Chapter XII Rule 4 of the Rules of the Court
  • Whether the court can entertain a transfer application when requisite steps are not taken by counsel

Subjects

  • transfer of suit
  • civil procedure
  • procedural compliance
  • Chapter XII Rule 4

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                TRANSFER APPLICATION (CIVIL) No. - 122 of 2025

                                    Smt. Priya Agarwal
                                                                                               .....Applicant(s)
                                                                      Versus

                                    Deepak Goyal
                                                                                                  .....Opposite
                                                                                                        Party(s)

                                    Counsel for Applicant(s)      : Anand Prakash Dubey, Prashant Kumar
                                                                    Dubey
                                    Counsel for Opposite Party(s) : Ashok Kumar Singh

                                    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 5, 2026
                                    RKK/-




Digitally signed by :-
RAJ KUMAR KANNAUJIA
High Court of Judicature at Allahabad


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