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Allahabad High Court

SMT. PROMILA SINGHversusANKIT

Decided

Holding

The transfer application is dismissed as the applicant's counsel failed to take the requisite procedural steps.

Summary

Smt. Promila Singh filed a transfer application (Civil) No. 616 of 2025 before the Allahabad High Court, seeking to move the suit against Ankit. The application was filed under Chapter XII Rule 4 of the Rules of the Court. The Court examined whether the applicant’s counsel had complied with the procedural requirements prescribed for a transfer application. It was observed that the requisite steps had not been taken by the learned counsel for the applicant. Consequently, the Court dismissed the transfer application.

Issues considered

  • Whether a transfer application filed under Chapter XII Rule 4 can be entertained when the applicant’s counsel fails to comply with the prescribed procedural steps?

Subjects

  • transfer of suit
  • civil procedure
  • procedural default
  • High Court
  • Chapter XII Rule 4

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                TRANSFER APPLICATION (CIVIL) No. - 616 of 2025

                                    Smt. Promila Singh
                                                                                               .....Applicant(s)
                                                                      Versus

                                    Ankit
                                                                                                  .....Opposite
                                                                                                        Party(s)

                                    Counsel for Applicant(s)                    :    Bhartendu Pathak
                                    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 14, 2026
                                    RKK/-




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

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