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Allahabad High Court

SMT PURNIMA SRIVASTAVAversusVIJENDRA LAL SRIVASTAVA

Decided

Holding

The transfer application is dismissed for want of prosecution.

Summary

Smt Purnima Srivastava filed a transfer application (Civil) No. 135 of 2024 against Vijendra Lal Srivastava in the Allahabad High Court. The applicant was represented by counsel Jagdish Prasad Mishra, while no counsel appeared for the opposite party. No one appeared on behalf of the applicant to press the transfer application. Consequently, the Court dismissed the transfer application for want of prosecution. The interim order that had been granted earlier was vacated.

Issues considered

  • Whether a transfer application can proceed in the absence of any party appearing to prosecute it

Subjects

  • transfer of suit
  • procedural default
  • dismissal for want of prosecution
  • interim order vacated

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     TRANSFER APPLICATION (CIVIL) No. - 135 of 2024

                                    Smt Purnima Srivastava
                                                                                                     .....Applicant(s)
                                                                           Versus

                                    Vijendra Lal Srivastava
                                                                                                        .....Opposite
                                                                                                              Party(s)

                                    Counsel for Applicant(s)                        :   Jagdish Prasad Mishra
                                    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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