Allahabad High Court
DR. SHWETA GUPTAversusDR. ABHIJAT KUMAR
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The court held that, in the absence of a surviving cause of action, the transfer application must be dismissed.
Summary
Dr. Shweta Gupta filed Transfer Application No. 802 of 2022 seeking transfer of a suit. The applicant later informed the court that, due to subsequent developments, the cause of action no longer existed and she did not wish to pursue the matter. The opposite party, Dr. Abhijat Kumar, expressed no objection to the withdrawal. The learned counsel for the applicant moved that the application be dismissed on this ground. The court considered the submission that no cause of action survived and, finding no impediment, dismissed the transfer application. The order was pronounced on 5 May 2026 by Justice Yogendra Kumar Srivastava.
Issues considered
- Whether a transfer application can be dismissed when the applicant states that the cause of action has ceased to exist
Subjects
- transfer of suit
- dismissal
- cause of action
- civil procedure
- application dismissed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CIVIL) No. - 802 of 2022
Dr. Shweta Gupta
.....Applicant(s)
Versus
Dr. Abhijat Kumar
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhay Singh Tomar, Adarsh Bhushan,
Ishwar Chandra Tyagi
Counsel for Opposite Party(s) : Ashutosh Pandey, Rahul Sahai
Court No. - 35
HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.
Sri Satvik Chaudhary, holding brief of Sri Abhay Singh Tomar, learned
counsel for the applicant submits that in view of the subsequent
developments, no cause of action survives and in view thereof the
applicant does not wish to pursue the matter any further.
Sri Ashutosh Pandey, learned counsel appearing for the opposite party
states that he has no objection.
The application stands dismissed accordingly.
(Dr. Yogendra Kumar Srivastava,J.)
May 5, 2026
Imroz
Digitally signed by :-
MOHAMMAD IMROZ KHAN
High Court of Judicature at Allahabad
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