Regarding the Status of the Case Judgment

Querist : Anonymous (Querist) 29 December 2010 This query is : Resolved
My tenants have filed a civil case against me and family. The trial was complete and reserved for Judgment. The Judge was suddenly transferred to another place before passing the judgment and as a result the case it seems would be re opened.

My query is Sir:

1. Will the case start from the beginning?
2. Will the trial take place again?
3. Will it take 3 more years for is to complete?
4. In case it is over by another 3 years where is the guarantee that this new Judge will not be transferred and the result same?
5. Can I go to the High Court to consider my application to dispose off in a fast track court?
ANY OTHER QUICK AND EFFECTIVE REMEDY..

Pl suggest Sirs, very Urent.

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Devajyoti Barman (Expert) 29 December 2010
1. Not exactly, the transferee judge would hear only the argument afresh.
2.No
3.No
4.Do
5.No

Khaleel Ahmed (Expert) 29 December 2010
Need not worry about the judgement. The judgement will be announced by the successor of the transfered judge.

Advocate Bhartesh goyal (Expert) 29 December 2010
In your case only final arguments will be heard again by transferee judge and after that he will pronounce the judgement.

SANJAY GUPTA (Expert) 29 December 2010
Yes agree with Mr. Goyal

adv. rajeev ( rajoo ) (Expert) 29 December 2010
No. The case wont start from the beginning. ONce again your advocate will argue before the new judge.

DEFENSE ADVOCATE.-firmaction@g (Expert) 30 December 2010
No effective remedy , just wait and the process will go on and on and on.

Gulshan Tanwar (Expert) 30 December 2010
There is provision in CPC for the same and even if the Judgment had to be signed by the Judge/P.O and before its pronouncement the P.O. got transferred then no need of fresh arguments in the instance the P.O. will sign the same and the judgment to be delivered as this had happened with me in my case recently in October 2010.

B K Raghavendra Rao (Expert) 30 December 2010
If the judge is transferred just before passing the judgement after completing the due process of proceedings, then the new incumbent judge would once again hear the arguments of the advocates and pass judgement. Entire proceedings would not restart.