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Damayanti (Unemployed)     02 June 2011

whom to be impleaded?-transfer App sec 24 CPC

I have come to conclusion that I need to file trasfer App

To trasfer case from one court room to another within same jurisdiction

Question:- To file transfer petition, do I need to implead Hon Current presiding office of the Court also, as a respondent?



For the demonstrable and cogent reasons of bias (favour and leniency to opposite party) and prejudice against me by court... although in subtle manners but on the records


and it does amount to 'abuse of discretion' and 'zero tolerance' towards me and giving 'liberal concessions' to opposite party and many many such incidents which are now on the daily diary of the case.

It all looks arbitrary.


E.g. Court is refusing to even "post some of my applicaions on case file formally" which were made a few months back, and not even giving the Exhibit number to those applications as of TODAY, and even deferring to do that.


Court took thorough interrogation on adjournment application (finally allowed it but made certain remarks there) but previous occasions, court did allow opposite party's same application within a flassh of second previously (This is difficult to bring it on paper but true) and even never asked any objection from me ever!!!


and also I had filed  "one another application in writing", a kind of permission, from court for certain things in regards to case hearing,

but court sought the objections from the opposite  party in regards to it and again thoroughly interrogated me  But when opposite party made the same request VERBALLY (Opposite party said that "Even we want to have the same permission as other party has got the permission" ) and Court simply gave the permission.


Wasn't the opposite party required, at least, to give application in writing for such permission?


All things are happening verbally. 




 2 Replies

Jamai Of Law (propra)     02 June 2011

I am not sure.................................but it is absolutely not needed..


Court does take the reply on those allegations from the concerned court,  if needed,  but defintely asks for say to opposite party (ongoing suit)




please correct me if I am wrong here



And don't ever even think of doing that!!!



But why are putting it as a main reason?



I don't think you need to prove it...but it all depends how yo draft it.



District judge shouldn't feel offended.



Otherwise it does get transferred.. I would suggest you to kindly employ a good and 'senior' lawyer at least for this petition if you can ................................................. It will certainly help.



At least meet some people in court like registrar etc and take their advise if they open give you !!



The problem is that there are bad sheep everywhere ... but casting doubts directly won't help frankly....rather it would boomrang!!


prabhakar singh (advocate)     03 June 2011

Q?do I need to implead Hon Current presiding office of the Court also, as a respondent?

Ans. No!

state all facts in your petition in diffrent paras to show your fear that you are not likely to get any justice fromthe court where your case is pending as its presiding officer is going biased against you at every step of the procedings of the case.Cite illustration from record that allows you to think so.

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