Sunil Patil (Engg) 19 February 2014

Transfer of case and next orders

My case got transferred by SC to Mumbai, when the hearing was pending on the settlement terms arrived at.

The FC court judge says he will go according to law (but hasnt mentioned what it is) and told me that if I want the case to start from where it was pending I have to file a application.

Is thsi correct or should he look at the last step in the Roznama?

Is there any citation in this context, that when a case is transferred it starts from where it was left of on the previous hearing in the previous court?

Thanks.

Reply Follow

2 Replies

T. Kalaiselvan, Advocate (Advocate) 20 February 2014

What is your lawyer opining about this? you have state some more facts and the circumstances of the case so that you can get proper reply/suggestion. Once a case is transferred from one place to another, the new court has to ascertain the entire facts of the case afresh, but of course it is the duty of the court and not of the litigant, so you narrate the events properly or consult your lawyer.

Sunil Patil (Engg) 20 February 2014

1. My lawyer thinks the judge hasnt read my transferred file as yet. The stage is pending for passing of orders on the application (in previous court) that I had filed stating that valid settlement had been arrived between parties and that court should decide on my application first. 2. She has filed for maintenance and her petition is stage is for cross examinination of her. So do I appraise the court that nmy transferred file is only pending for passing of orders on the settlement? Also how do I stop her from getting cross examined?