Created by Fuzzy Cloud

Allahabad High Court

SMT. ANUPAMA JAISWALversusSHRI SUMIT KUMAR JAISWAL

Decided

Holding

The transfer application is dismissed for want of prosecution, and any earlier interim order is vacated.

Summary

The applicant, Smt. Anupama Jaiswal, filed a transfer application (Civil) No. 980 of 2023 seeking to move the suit to another court. The respondent, Shri Sumit Kumar Jaiswal, was the opposite party. No counsel appeared on behalf of the applicant to press or prosecute the transfer application. The High Court observed that the application was not being pursued and therefore dismissed it for want of prosecution. Consequently, any interim order that might have been granted earlier was vacated.

Issues considered

  • Whether a transfer application can be dismissed for want of prosecution when the applicant fails to appear or press the application.

Subjects

  • transfer of suit
  • want of prosecution
  • civil procedure
  • interim order vacated
  • procedural default

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     TRANSFER APPLICATION (CIVIL) No. - 980 of 2023

                                    Smt. Anupama Jaiswal
                                                                                                .....Applicant(s)
                                                                           Versus

                                    Shri Sumit Kumar Jaiswal
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)            : Om Prakash Singh, Prashant Shukla
                                    Counsel for Opposite Party(s)       :


                                    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


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.