Transfer of case
Ria
(Querist) 30 January 2011
This query is : Resolved
Respected experts,
My matter a Regular civil suit is on the stage of final order as the defendant has not filed his written statement in time and non payment of costs ordered by court for wasting courts time raising jurisdiction issue, his defense has been struck off.
However the judge of the court has met with a serious accident and will not be able to attend court atleast for one month or more.
Therefore I want to transfer the matter to another court for final order to avoid delay.
Please guide:
1) what is the procedure for transferring the case to another court ? and
2) How much time will the transfer procedure take ?
3) Is it advisable to transfer the case at this final stage to save time ?
Advocate. Arunagiri
(Expert) 30 January 2011
1. File a transfer petition before the appellate court.
2. Will not take more than two or three hearings.
3. When the judge is not able to attend the court, new judge will be posted. So, just for this dont go for transfer. Transfers are generally made if the parties have grievances on the judge.
M V Gupta
(Expert) 31 January 2011
I do not think it is worth trying for transfer of the suit. The inability of the judge is only for a short period and cannot be a gorund for transfer.
