Court transfer application
Mahesh Chand Gupta
(Querist) 18 January 2014
This query is : Resolved
A civil suit for specific performance of contract was filed by me in Hapur Civil Court in March 2005. I entered into a registered agreement for purchase of plot of land and total payment was made by me before the date of completion of agreement. But the opposite party did not register sale deed in my favour. A family member of opposite party is practising as an advocate in Hapur Court for the last 30 years and he is successful in delaying the case. Now, I want to get the case transferred from Hapur Court to Ghaziabad Court on this ground. Both courts are functioning under the same District Judge of Ghaziabad. In which section of C. P. C., this application can be filed and whether it is admissible?
Nadeem Qureshi
(Expert) 18 January 2014
on this ground the case can not be transferred it will be better to fight the case before hapur court and file an application for speedy trial.
Devajyoti Barman
(Expert) 18 January 2014
Yes, it is admissible. For section see CPC.
Rajendra K Goyal
(Expert) 18 January 2014
Better move with in the Hapur Court and bring in the notice of court whenever such adjournment is sought by them on flimsy grounds.
R.K Nanda
(Expert) 18 January 2014
nothing to add more.
ajay sethi
(Expert) 18 January 2014
you have filed case in 2005 . check pendency of court cases in haspur . whether other case of same year have reached final hearing . make some inquires .
T. Kalaiselvan, Advocate
(Expert) 20 January 2014
What is that advocate is appearing in the Gazhiabad court too against you. An advocate can appear before any court through out India except Supreme court where certain restrictions are laid down, so what will be your position if that advocate appears in that court too, better do not waste time on such issues, concentrate on your case.
Rajendra K Goyal
(Expert) 20 January 2014
Move with the case on merits, delay tactics may delay the decision for some time, it can not effect the outcome of the case.
