Created by Fuzzy Cloud

Allahabad High Court

Dr.SHWETA GUPTAversusABHIJAT KUMAR

Decided

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.