Allahabad High Court
DIMPLE TOMARversusVipin Kumar
- Decided
- Bench
- Y K SRIVASTAVA
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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