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Allahabad High Court

RASHMIversusRANJEET KUMAR

Decided

Holding

The transfer application was dismissed for want of prosecution.

Summary

Rashmi filed a transfer application in the Allahabad High Court seeking to move her suit against Ranjeet Kumar to another court. No counsel appeared on her behalf to pursue the application. The court noted the lack of prosecution and dismissed the transfer application. Consequently, any interim order previously granted was vacated. The dismissal was based solely on procedural non‑appearance, without any substantive consideration of the merits.

Issues considered

  • Whether a transfer application can proceed in the absence of any party appearing to prosecute it
  • Whether the dismissal of the transfer application for want of prosecution is appropriate

Subjects

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

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     TRANSFER APPLICATION (CIVIL) No. - 990 of 2024

                                    Rashmi
                                                                                                .....Applicant(s)
                                                                           Versus

                                    Ranjeet Kumar
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)                 :   Ashok Kumar, Sudheer Rana
                                    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 5, 2026
                                    Arun K. Singh




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

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