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Allahabad High Court

RUBI KUMARIversusPUSHPENDRA

Decided

Holding

The transfer application is dismissed for want of prosecution.

Summary

Rubi Kumari filed a transfer application (Civil) No. 218 of 2024 against Pushpendra in the Allahabad High Court. No counsel appeared on behalf of the applicant to pursue the application, while counsel for the opposite party was present. The court noted the lack of prosecution of the transfer application. Consequently, the judge dismissed the transfer application for want of prosecution. The interim order, if any, that had been granted earlier was vacated.

Issues considered

  • What is the appropriate procedural consequence when a transfer application is not prosecuted by the applicant?

Subjects

  • transfer of suit
  • want of prosecution
  • civil procedure
  • dismissal

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     TRANSFER APPLICATION (CIVIL) No. - 218 of 2024

                                    Rubi Kumari
                                                                                                .....Applicant(s)
                                                                           Versus

                                    Pushpendra
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)      : Prem Chandra Dwivedi
                                    Counsel for Opposite Party(s) : Rishika Raj Singhal, Shivendra Raj
                                                                    Singhal

                                    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.

                                    Sri Manish Kumar, learned Advocate holding brief of Sri Shvendra Raj
                                    Singhal, learned counsel for the opposite party is present.

                                    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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