Transfer of case to different state
gangesh
(Querist) 10 June 2014
This query is : Resolved
Hi sir,
Is their any procedure in the law by which we can trasfer a case from lower court of a district of Uttar pradesh to lower court of delhi.
I live in delhi and I own a property in amethi district of uttar pradesh .I have a property dispute with my neighbour.so it is necessary to file a case in my own district?can i transfer that case later to delhi?
Can i file a case in new delhi rather than filing a case in amethi?
Devajyoti Barman
(Expert) 10 June 2014
Yes, you can file Transfer petition in the supreme court of India.
The transfer can happen only of it is allowed by the apex court.
Rajendra K Goyal
(Expert) 10 June 2014
Property is situated in UP, case will be filed in UP transfer to Delhi is not possible normally.
Guest
(Expert) 10 June 2014
Under the Amended (1977) provision of Section 25 of the Code only the Supreme Court which has the power and authority to Transfer a Case from one state to another. Well advised by the Experts Mr.Devajyoti Barman and Mr,Arvind
Anirudh
(Expert) 10 June 2014
Dear Mr. Gangesh,
It is not just for the asking that the Supreme Court will transfer any case from one State to another. There should be compelling circumstance, which would make pursuing a case in a particular State untenable.
Can you tell any good reason why the case has to be transferred from U.P. to Delhi?
Yes, there is a provision in law for such transfer. But, just because there is a provision in law, it does not mean that the transfer would be granted simply, just for the asking.
Guest
(Expert) 10 June 2014
Agreed and Ofcourse only with valid and justifiable reasons which could convince the Honorable Supreme Court the Transfer could be ordered by it.
Raj Kumar Makkad
(Expert) 10 June 2014
Supreme Court is not going to oblige a litigant to transfer a case to some other State only because he is residing there and it shall be feasible for him to handle it from there. What about the other parties?
T. Kalaiselvan, Advocate
(Expert) 11 June 2014
I agree with the views expressed by the experts in this regard. An application can be moved before Supreme court for transfer provided the justified reasons are pleaded in the transfer petition.
Nadeem Qureshi
(Expert) 11 June 2014
Dear Querist
u/s 25 of CPC the SC has power to transferred the case but in your senerio it can not be possible because in property related disputed, the jurisdiction of the court is, where the property is situated. so on this ground that you are from delhi and the case can not be transferred.
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