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Pvt_RajKing (Private)     16 November 2011

Transfer under ord 7 rule 10b

The trial court ordered return of plaint under Ord 7 Rule 10 (not rejection). I appealed with the District Court and the same was dismissed. The suit needs to be transfered to a trial court in a different district. Can a District Court transfer the suit from its sub-ordinate trial court to a trial court in a different district?

Should I file a CRP under Ord 7 Rule 10B with the District Court?
 or Should I file a CMA with the High Court against the dismissal of the appeal and in the alternate pray for the trasnfer under Ord 7 Rule 10B?

Please help. It is urgent.



Learning

 3 Replies

I.S.Roy,Advocate (Advocate)     16 November 2011

Dear Sir,

In case of  returning the plaint, one should represent the plaint on complying the objection . So, if such objection regarding the jurisdiction one must beware about fixation of the time to represent in proper court specially in cases of time barred cases.

with regards

I.S.Roy, Advocate

isroyjury@yahoo.co.in

Pvt_RajKing (Private)     17 November 2011

unfortunately your reply above is not helpful. I want the suit and the connected CMA pending to be transfered instead of returning... time bar is not a problem here...
so,....

Can a District Court transfer the suit from its sub-ordinate trial court to a trial court in a different district?

Should I file a CRP under Ord 7 Rule 10B with the District Court?
 or Should I file a CMA with the High Court against the dismissal of the appeal and in the alternate pray for the trasnfer under Ord 7 Rule 10B?

Please help. It is urgent.

Pvt_RajKing (Private)     17 November 2011

I do have a senior lawyer on the case but not many seem to have good knowledge on this...


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