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Allahabad High Court

SMT. SAKSHI JAINversusABHISHEK JAIN

Decided

Holding

The transfer application is dismissed due to non‑compliance with required procedural steps.

Summary

Smt. Sakshi Jain filed a transfer application (Civil) No. 43 of 2025 against Abhishek Jain in the Allahabad High Court. The application was filed under Chapter XII Rule 4 of the Rules of the Court. Counsel for the applicant, Avinash Pandey, was observed to have not taken the requisite procedural steps required for a transfer application. The court noted this non‑compliance and held that the application could not be entertained. Consequently, the transfer application was dismissed.

Issues considered

  • Whether the transfer application can be entertained despite the applicant's counsel not complying with the requisite procedural steps under Chapter XII Rule 4.

Subjects

  • transfer of suit
  • procedural default
  • Civil Procedure Code
  • High Court
  • application dismissal

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                 TRANSFER APPLICATION (CIVIL) No. - 43 of 2025

                                    Smt. Sakshi Jain
                                                                                               .....Applicant(s)
                                                                      Versus

                                    Abhishek Jain
                                                                                                  .....Opposite
                                                                                                        Party(s)

                                    Counsel for Applicant(s)                      :   Avinash Pandey
                                    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 5, 2026
                                    RKK/-




Digitally signed by :-
RAJ KUMAR KANNAUJIA
High Court of Judicature at Allahabad


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