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Allahabad High Court

SMT. RUBY MISHRAversusSRI SARVESH DUBEY

Decided

Holding

The petition was dismissed for non‑prosecution as no cause of action survived.

Summary

The applicant, Smt. Ruby Mishra, filed a transfer application in the Allahabad High Court against Sri Sarvesh Dubey. The opposite party argued that subsequent developments had extinguished any cause of action. The court examined whether a viable cause of action remained and whether the petition had been prosecuted. Finding that no cause of action survived and that the petition was not actively pursued, the court dismissed the petition for non‑prosecution. The dismissal was entered on May 5, 2026.

Issues considered

  • Whether a cause of action still existed at the time of hearing
  • Whether the petition should be dismissed for non‑prosecution

Subjects

  • transfer application
  • civil procedure
  • non‑prosecution
  • cause of action
  • dismissal

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                TRANSFER APPLICATION (CIVIL) No. - 170 of 2022

                                    Smt. Ruby Mishra
                                                                                            .....Applicant(s)
                                                                     Versus

                                    Sri Sarvesh Dubey
                                                                                               .....Opposite
                                                                                                     Party(s)

                                    Counsel for Applicant(s)                  :   Ram Tiwari
                                    Counsel for Opposite Party(s)             :   Sanjeev Kumar Rai

                                    Court No. - 35
                                            HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.

                                    Sri Sanjeev Kumar Rai, learned counsel appearing for the opposite party
                                    submits that in view of the subsequent developments, no cause of action
                                    survives.

                                    The petition stands dismissed for non-prosecution.



                                                                        (Dr. Yogendra Kumar Srivastava,J.)
                                    May 5, 2026
                                    Imroz




Digitally signed by :-
MOHAMMAD IMROZ KHAN
High Court of Judicature at Allahabad


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