Allahabad High Court
Dr.SHWETA GUPTAversusABHIJAT KUMAR
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The transfer application was dismissed as no cause of action survived.
Summary
Dr. Shweta Gupta filed a transfer application (civil) No. 652 of 2022 against Abhijat Kumar in the Allahabad High Court. The applicant's counsel, Abhay Singh Tomar, Adarsh Bhushan and Ishwar Chandra Tyagi, appeared before the bench. The respondent's counsel, Sri Satvik Chaudhary, appearing on behalf of Sri Adarsh Bhushan, informed the court that subsequent developments had extinguished the cause of action and that the applicant no longer wished to pursue the matter. The court considered whether a transfer could be ordered when the underlying cause of action no longer existed. Finding that there was no longer any dispute to be transferred, the court dismissed the transfer application. The order was pronounced by Justice Yogendra Kumar Srivastava on 6 May 2026.
Issues considered
- Whether the transfer application should be entertained when the cause of action has been extinguished
Subjects
- transfer of suit
- cause of action
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CIVIL) No. - 652 of 2022
Dr.Shweta Gupta
.....Applicant(s)
Versus
Abhijat Kumar
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhay Singh Tomar, Adarsh Bhushan,
Ishwar Chandra Tyagi
Counsel for Opposite Party(s) :
Court No. - 35
HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.
Sri Satvik Chaudhary, holding brief of Sri Adarsh Bhushan, learned
counsel submits that in view of the subsequent developments no cause of
action survives and in view thereof, he does not wish to pursue the matter
any further.
The transfer application stands dismissed accordingly.
(Dr. Yogendra Kumar Srivastava,J.)
May 6, 2026
Imroz
Digitally signed by :-
MOHAMMAD IMROZ KHAN
High Court of Judicature at Allahabad
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