Allahabad High Court
SMT ARCHANA W/O HIMANSHU DAHIYAversusHIMANSHU DAHIYA S/O SRI UMESH KUMAR
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The transfer application is dismissed for want of prosecution.
Summary
The applicant, Smt. Archana, filed a transfer application (Civil No. 91 of 2024) seeking to move the suit to another court. The respondent, Himanshu Dahiya, was served with notice of the application. No counsel or party appeared on behalf of the applicant to pursue the transfer. The High Court observed that the application was not prosecuted and therefore could not be entertained. Consequently, the Court dismissed the transfer application for want of prosecution and vacated any interim order that might have been granted earlier.
Issues considered
- What is the procedural requirement for prosecuting a transfer application under the Civil Procedure Code?
- Can a transfer application be dismissed for want of prosecution?
Subjects
- transfer of suit
- civil procedure
- want of prosecution
- dismissal
- interim order vacated
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CIVIL) No. - 91 of 2024
Smt Archana W/O Himanshu Dahiya
.....Applicant(s)
Versus
Himanshu Dahiya S/O Sri Umesh Kumar
.....Opposite
Party(s)
Counsel for Applicant(s) : Rahul Singh Dahiya
Counsel for Opposite Party(s) : Devendra Mani Tiwari
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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