Allahabad High Court
SMT. RUBY MISHRAversusSRI SARVESH DUBEY
- Decided
- Bench
- Y K SRIVASTAVA
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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