Allahabad High Court
SWATI SAHANIversusLAXMAN SAHANI S/O SHRI HARI SHANKAR SHAHANI
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The transfer application was dismissed because the applicant's counsel did not take the requisite procedural steps.
Summary
Swati Sahani filed a transfer application (Civil) No. 155 of 2024 seeking to have the pending suit transferred to another court. The application was listed under Chapter XII Rule 4 of the Rules of the Court. The High Court observed that the applicant's counsel had not complied with the procedural requirements, noting that requisite steps had not been taken. Consequently, the Court dismissed the transfer application without examining the merits. The dismissal reflects the Court's insistence on strict adherence to procedural rules in transfer applications.
Issues considered
- Whether the transfer application should be entertained when the applicant's counsel fails to comply with the requisite procedural steps under Chapter XII Rule 4
Subjects
- transfer of suit
- procedural compliance
- civil procedure
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CIVIL) No. - 155 of 2024
Swati Sahani
.....Applicant(s)
Versus
Laxman Sahani S/O Shri Hari Shankar Shahani
.....Opposite
Party(s)
Counsel for Applicant(s) : Amit Rana, Anoop Tiwari
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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