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manish chaturvedi   07 December 2023

WHAT TO DO IF YOUR CASE FILE TRANSFERED TO WRONG COURT INSTEAD OF ALLOTTED COURT

what to do sir. my divorce case is ordered by the Supreme court to transfer from faridabad to Sasaram. instead of transferring my case to sasaram, bihar from Faridabad. but my case file transferred to Saharsha.bihar. what to do now.


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 4 Replies

Real Soul.... (LEGAL)     07 December 2023

Just inform the court by reading over the SLP judgment. The court will return the file to Supreme court registery. Meanwhile submit application to Registrar Judicial Supreme court and inform them about the mistaken dispatch of file.....

Sanskriti Tiwari   07 December 2023

In this situation, the transfer of your divorce case from Faridabad to Saharsa, Bihar instead of Sasaram, Bihar, as ordered by the Supreme Court, seems to be an error in execution. You should promptly bring this issue to the attention of the court that issued the transfer order.

Firstly, gather all documents related to the Supreme Court's order directing the transfer of your case to Sasaram, Bihar. Then, file an application or petition before the respective court, explaining the error in the transfer of your case to Saharsa instead of Sasaram. You can request the court to rectify this administrative mistake and transfer your case to the correct jurisdiction as directed by the Supreme Court.

Highlight the specific provisions of the order or judgment issued by the Supreme Court that mandates the transfer to Sasaram. You may cite relevant legal provisions, such as Section 25 of the Code of Civil Procedure, which deals with the transfer of cases from one court to another for the interest of justice or convenience.

Support your application with precedents or case laws where similar errors were rectified by the courts to ensure the proper implementation of the Supreme Court's directives. Emphasize the necessity for the case to be heard in the correct jurisdiction as per the Supreme Court's explicit instructions.

Seek legal counsel or representation to ensure proper presentation of your case before the court and increase the likelihood of a swift and accurate resolution of this issue.

T. Kalaiselvan, Advocate (Advocate)     08 December 2023

You can submit an applicaiton to the registrar at supreme court pointing out this error (if it is one) and can seek to modifying the error as per the prayer of the transfer petition.

manish chaturvedi   08 December 2023

I have to approach FARIDABAD COURT OR SUPREME COURT. BECAUSE ORDER GIVEN BY SUPREME COURT BUT FILE TRANSFERED BY FARIDABAD COURT.

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