Allahabad High Court

Aradhana @ ArtiversusHaridarshan

Decided: 20 March 2026
Disposal: Dismiss other than merit(DD/Non Prosec./Abated)
Bench: JASPREET SINGH

Holding

The petition is dismissed for non‑compliance with the court’s directions under Chapter XII Rule 4.

Summary

The applicant, Aradhana @ Arti, filed a transfer application (Civil) No. 38 of 2025 against Haridarshan. Notices were issued on 5 February 2025 but the respondent failed to comply with the procedural steps ordered. The matter was subsequently listed under Chapter XII Rule 4 of the CPC, and the court granted a further time on 7 March 2025, yet the required steps remained unperformed. An office report dated 24 March 2025 confirmed the continued non‑compliance. On the basis of this persistent failure to obey the court’s directions, the High Court dismissed the petition under Chapter XII Rule 4 on 27 March 2025.

Issues considered

Whether the petition for transfer should be dismissed for the respondent’s failure to comply with the procedural steps ordered by the court under Chapter XII Rule 4 of the CPC.

Legislation cited

Code of Civil Procedure, 1908 — s. Chapter XII Rule 4

Subjects

transfer application
civil procedure
non‑compliance
Chapter XII Rule 4
dismissal

Judgment

                                                                             Neutral Citation No. - 2025:AHC-LKO:17683


                                         Court No. - 8

                                         Case :- TRANSFER APPLICATION (CIVIL) No. - 38 of 2025

                                         Applicant :- Aradhana @ Arti
                                         Opposite Party :- Haridarshan
                                         Counsel for Applicant :- Shiv Kumar Yadav,Mata Prasad Chaturvedi

                                         Hon'ble Jaspreet Singh,J.

                                         By means of the order dated 05.02.2025, notices were issued to
                                         the respondent and steps were to be taken.

                                         Apparently, steps were not taken and the matter was listed
                                         under Chapter XII Rule 4 wherein further time was granted vide
                                         order dated 07.03.2025 despite the same steps have not been
                                         taken and the matter has been again listed under Chapter XII
                                         Rule 4.

                                         As per office report dated 24.03.2025, steps have not been taken
                                         in terms of the order dated 07.03.2025.

                                         In view of the above, the petition is dismissed under Chapter
                                         XII Rule 4.

                                         Order Date :- 27.3.2025
                                         Harshita




Digitally signed by :-
HARSHITA
High Court of Judicature at Allahabad,
Lucknow Bench

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