Witdraw of hma section 9

jagjit (Querist) 31 October 2014 This query is : Resolved
SIR I HAVE FILED HMA SECTION 9, IN WHICH MY WIFE FILED THE TRANSFER APPLICATION AT HIGH COURT. HIGH COURT ALLOWED AND TRANSFER THE CASE TO HER PLACE. NOW IT WILL BE DIFFICULT TO PREE ME THE CASE AT HER PLACE .

I WANT TO KNOW THAT CAN I WITHDRAW THE CASE AT MY PLACE BEFORE TRANSFER OR I HAVE TO HER PLACE FOR TRANSFER. AND UNDER WHICH RULE OF CPC TO FILE AGAIN IN FUTURE .

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Devajyoti Barman (Expert) 01 November 2014
If the transfer order is communicated to lower court then you have to file withdrawal petition in transferee court only. Else current court can deal such petition.

Rajendra K Goyal (Expert) 01 November 2014
If the case has been transferred / orders have arrived you have to move transferee court else you can withdraw.

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