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Allahabad High Court

Alka @ Nishtha JaiswalversusSagar Jaiswal

Decided

Holding

A transfer application is dismissed for want of prosecution if the applicant does not appear to press the application.

Summary

Alka @ Nishtha Jaiswal filed a transfer application (Civil) No. 745 of 2023 before the Allahabad High Court seeking to transfer the suit. The applicant's counsel, Manoj Kumar Dwivedi and Rakesh Kumar Tripathi, did not appear to press the application. The opposite party, Sagar Jaiswal, was represented by Brahmsukh Pal, Mani Shanker Pandey and Rama Nand Shukla. The court examined whether a transfer application can proceed in the absence of any prosecution by the applicant. Applying the procedural rule that an unprosecuted application must be dismissed, the judge dismissed the transfer application for want of prosecution. Consequently, any interim order previously granted was vacated.

Issues considered

  • Whether a transfer application may be dismissed for want of prosecution when the applicant fails to appear?

Subjects

  • transfer of suit
  • procedural law
  • want of prosecution
  • interim order vacated

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     TRANSFER APPLICATION (CIVIL) No. - 745 of 2023

                                    Alka @ Nishtha Jaiswal
                                                                                                .....Applicant(s)
                                                                           Versus

                                    Sagar Jaiswal
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)      : Manoj Kumar Dwivedi, Rakesh Kumar
                                                                    Tripathi
                                    Counsel for Opposite Party(s) : Brahmsukh Pal, Mani Shanker Pandey,
                                                                    Rama Nand Shukla

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

                                    Case called out in the revised list.

                                    No one appeared on behalf of the applicant to press this transfer
                                    application.

                                    The transfer application is dismissed for want of prosecution.

                                    Interim order, if any, granted earlier, stands vacated.



                                                                             (Dr. Yogendra Kumar Srivastava,J.)
                                    May 5, 2026
                                    Arun K. Singh




Digitally signed by :-
ARUN KUMAR SINGH
High Court of Judicature at Allahabad


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