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Allahabad High Court

SMT. NEERAJ KUMARIversusPRADEEP GAUTAM

Decided

Holding

The transfer application was dismissed as no cause of action survived.

Summary

Smt. Neeraj Kumari filed Transfer Application (Civil) No. 642 of 2022 before the Allahabad High Court seeking transfer of the suit against Pradeep Gautam. The applicant’s counsel argued that the matter should be transferred, while the opposite party’s counsel contended that subsequent developments had extinguished the cause of action. The court examined the submissions and accepted that no cause of action survived in the present case. Consequently, the transfer application was dismissed. The order was pronounced by Justice Yogendra Kumar Srivastava on 18 September 2026.

Issues considered

  • Whether the transfer application should be entertained when the cause of action no longer exists.

Subjects

  • transfer of suit
  • cause of action
  • civil procedure
  • dismissal

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                TRANSFER APPLICATION (CIVIL) No. - 642 of 2022

                                    Smt. Neeraj Kumari
                                                                                             .....Applicant(s)
                                                                     Versus

                                    Pradeep Gautam
                                                                                                 .....Opposite
                                                                                                       Party(s)

                                    Counsel for Applicant(s)          :    Namit Srivastava, Parvez Alam
                                    Counsel for Opposite Party(s)     :    Virendra Singh

                                    Court No. - 35
                                            HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.

                                    Sri Namit Srivastava, learned counsel appearing for the applicant and Sri
                                    Abhai Singh, holding brief of Sri Virendra Singh, learned counsel
                                    appearing for the opposite party are present.

                                    Learned counsel have pointed out that in view of the subsequent
                                    developments, no cause of action survives in the present case.

                                    Transfer Application stands dismissed accordingly.



                                                                          (Dr. Yogendra Kumar Srivastava,J.)
                                    September 18, 2026
                                    RKK/-




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

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