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Allahabad High Court

DIMPLE TOMARversusVipin Kumar

Decided

Holding

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

Summary

The applicant, Dimple Tomar, filed a transfer application under Chapter XII Rule 4 of the Rules of the Court seeking to move the suit to another court. The High Court examined the application and observed that the applicant's counsel had not complied with the procedural steps required for such an application. No substantive arguments on merits were considered because of this procedural lapse. Consequently, the Court dismissed the transfer application. The dismissal was recorded by Justice Yogendra Kumar Srivastava on 11 September 2026.

Issues considered

  • Whether the transfer application should be entertained despite the applicant's counsel not taking the requisite procedural steps

Subjects

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

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                TRANSFER APPLICATION (CIVIL) No. - 633 of 2024

                                    Dimple Tomar
                                                                                               .....Applicant(s)
                                                                      Versus

                                    Vipin Kumar
                                                                                                  .....Opposite
                                                                                                        Party(s)

                                    Counsel for Applicant(s)      : Ashutosh Dwivedi, Chandra Prakash
                                                                    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 appearing for the applicant.

                                    Transfer Application stands dismissed accordingly.



                                                                        (Dr. Yogendra Kumar Srivastava,J.)
                                    September 11, 2026
                                    RKK/-




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

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