Re-argument after transfer of magistrate

Adv. Mohan Chandra (Querist) 27 June 2014 This query is : Resolved
Sir,

Argument on both the sides was over and I was expecting a favorable judgement. Now the concerned Magistrate has been transferred and a new Magistrate has taken charge and has suggested to begin the argument all over again.

Any remedy?

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Lawyer SALEEMA KABEER (Expert) 27 June 2014
It is impossible to deliver a Judgment by a Judge on the basis of argument heard by his predecessor in office.

Therefore, in the given circumstances, fresh argument is required.

Note that even in the absence of argument, there is no legal bar to deliver Judgment by a magistrate on perusal and consideration of available records.

Rajendra K Goyal (Expert) 27 June 2014
Better go for arguments again. The new judge has not heard the arguments previously.

R.K Nanda (Expert) 27 June 2014
submit arguments again before new judge.

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