Allahabad High Court
PRINCY GUPTA D/O LATE RAMSAMAY GUPTAversusVIRENDRA KUMAR S/O ISHWARI SHAH
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The transfer application was dismissed for want of prosecution, and the earlier interim order was vacated.
Summary
Princy Gupta filed a transfer application (Civil) No. 89 of 2024 against Virendra Kumar. No counsel appeared on behalf of the applicant to pursue the application. The High Court noted the lack of prosecution and dismissed the transfer application. Consequently, any interim order previously granted was vacated. The decision underscores the necessity of active prosecution for procedural applications.
Issues considered
- Whether a transfer application can proceed in the absence of any appearance or prosecution by the applicant
Subjects
- civil procedure
- transfer of suit
- want of prosecution
- interim order vacated
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CIVIL) No. - 89 of 2024
Princy Gupta D/O Late Ramsamay Gupta
.....Applicant(s)
Versus
Virendra Kumar S/O Ishwari Shah
.....Opposite
Party(s)
Counsel for Applicant(s) : Amit Kumar Singh
Counsel for Opposite Party(s) : Ram Awadh Mishra
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 6, 2026
Arun K. Singh
Digitally signed by :-
ARUN KUMAR SINGH
High Court of Judicature at Allahabad
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