Allahabad High Court
Dr. Ruby SinghversusDr. Shiv Pratap Singh
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The transfer application was dismissed for want of prosecution.
Summary
The case involved a transfer application filed by Dr. Ruby Singh against Dr. Shiv Pratap Singh. The applicant’s counsel, Anil Kumar Pandey, did not appear before the court to press the application. The opposite party’s counsel, including Ashok Kumar Mishra, Dharmendra Kumar Mishra, Manoj Kumar and Advocate Adarsh Sharma, were present. The court held that the application could not proceed in the absence of any prosecution by the applicant. Consequently, the transfer application was dismissed and any interim order previously granted was vacated.
Issues considered
- Whether a transfer application may be dismissed for want of prosecution when the applicant fails to appear.
Subjects
- transfer of suit
- want of prosecution
- dismissal
- interim order vacated
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CIVIL) No. - 247 of 2024
Dr. Ruby Singh
.....Applicant(s)
Versus
Dr. Shiv Pratap Singh
.....Opposite
Party(s)
Counsel for Applicant(s) : Anil Kumar Pandey
Counsel for Opposite Party(s) : Ashok Kumar Mishra, Dharmendra
Kumar Mishra, Manoj Kumar
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 Adarsh Sharma, learned Advocate holding brief of Sri Dharmendra
Kumar Mishra, 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 6, 2026
Arun K. Singh
Digitally signed by :-
ARUN KUMAR SINGH
High Court of Judicature at Allahabad
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