Allahabad High Court
SMT ANSHIMA KHANversusATEEK AHMAD
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The transfer application is dismissed because the applicant’s counsel did not take the requisite procedural steps.
Summary
Smt Anshima Khan filed a transfer application under Chapter XII Rule 4 of the Court Rules seeking to have the suit transferred. The High Court observed that the applicant’s counsel had not complied with the procedural steps required for such an application. No substantive merits of the transfer request were examined. Because of this procedural lapse, the court dismissed the transfer application. The dismissal was entered without any order on costs.
Issues considered
- Whether the transfer application is maintainable when the applicant’s counsel fails to take the requisite procedural steps under Chapter XII Rule 4
Subjects
- transfer of suit
- civil procedure
- procedural default
- Chapter XII Rule 4
- application dismissed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CIVIL) No. - 179 of 2024
Smt Anshima Khan
.....Applicant(s)
Versus
Ateek Ahmad
.....Opposite
Party(s)
Counsel for Applicant(s) : Rafeek Ahmad Khan
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 15, 2026
RKK/-
Digitally signed by :-
RAJ KUMAR KANNAUJIA
High Court of Judicature at Allahabad
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