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Rajesh Poddar (CEO)     12 July 2011

Transfer of Suit from 1 Judge to another in a District Court

When a civil suit pending before one Judge is transferred to another on administrative grounds, is it mandatory and/or a practice (for natural justice) either for the transfering and/or the transferee court to issue notice to the parties? If yes or no, kindly state provisions of Civil Rules & Orders.



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 10 Replies

Raghav Sood (Lawyer)     12 July 2011

if the parties prior to transfer are reprsented by their counsels in that eventuatlity fresh notice is not necessary however as matter of caution sometime court issue notices in case respective counsels are not present 

1 Like

Rajesh Poddar (CEO)     12 July 2011

Dear Mr. Sood,

Where can one find "if the parties prior to transfer are reprsented by their counsels in that eventuatlity fresh notice is not necessary"? Can you please tell me the Act or Rules & provision thereunder?

venkatesh krishna (advocate)     12 July 2011

scetion 24(1 a)  of Civil procedure code ; either parties to the suit or proceedings can file a petition before the District court for transfer from one court to another.The same should be filed in a petition format; the  opposite parties will be heared after the same matter will be disposed in the court.

venkatesh krishna

advocate

P V Namjoshi (pvnamjoshi@gmail.com)     14 July 2011

The practice is that when caes are transrferred to one court from another on administrative ground a list copy of the cases is sent to the Bar association. No special and separate notice is practically possible and need not be done. On the date of hearing if the party appears in the previous court the reader will guide to go to a particular court. 

1 Like

Jamai Of Law (propra)     14 July 2011

Thanks to Mr Namjoshi Sir,

 

 

 

In case of ........... a Transfer of an individual case only ............. on administrative grounds!! ................. from one addl district court to other addl distr court under district court ...........is also a suo moto transfer.

 

 

It does not require the reasons to be recorded.

 

 

In suo moto transfer ........... Notice as to get any objections etc are NOT sent or NOT required ..................

Parties are informed immediately in the transferror court (then and there as parties are expected to "be present or be represented" on every hearing ) as to the transferee court and the date on which they have be present in front of the transferee court.

 

SACHIN AGARWAL (ADVOCATE)     14 July 2011

Dear Mr. Rajesh Poddar,

You have not disclosed the place where the suit is pending.

However, In U.P. Rule 89-A of General Rules (Civil) provides that in case of the transfer of any case, the parties or their Counsels are required to be informed about the said transfer. The Transferee Court cannot proceed further without informing.

It is also the procedure in case of bulk transfer of cases that the list of transferred cases may be sent to the Bar Association and also it may be pasted in the Court Premises at some common place.


I think that such procedure should be in other states also.

kvss.prabhakar rao (Advocate )     13 August 2011

Transfer of cases pending one District judge to another District is possible on adminstrative grounds only in such case the case from one District Judge to another District will be make over but not transger in general . The Prl District Judge can make over the same but the Principla District conot transfer under Sec 24 (1 ) C.P.C becuase the additional District Judge is equal cader judicially but lower profile in administration. The High Court can transfer the cases pending One District Judge to Another District Judge. 

E SATHEES KUMAR   15 November 2016

Dear Sir

What  are all the documents required while filing  of Transfer of Suit( in District court)  from1 sub court to another sub court in tamil nadu within in same jurdication level or disctrict.

Any format pls and also the sec required.

 

E SATHEES KUMAR   15 November 2016

Dear  Sir

What are all documents needed while filing Tr OP in District Court to ( Sub Court 1 transfer 3  similar cases to orther sub court 2 )within Limit of district under 24 cpc

My Questions below-

1) Affidait and petition is ok for filing Tr OP else what are list of document?

2) Respondents are Totally- 25 Nos in that 8 respondents are appearing through  lawyers,

rest all are Ex -Parte since 2015 . 

Before filing Tr OP Whether I have to get copy signed from defendent side or send Batta for all respondent or RPAD ?

SACHIN AGARWAL (ADVOCATE)     15 November 2016

In U.P. there is the specific provision under Rule 89-A of General Rules (Civil) that the Transferee Court would inform the parties about the transfer of suit by issuing notices to this effect either to the parties or theior Counsels and also the Court can send a list of transferred cases to Bar Associaton and may deem that the notice has been served. 


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