Transfer of Civil Appeal
Jainodin shaikh
(Querist) 18 March 2009
This query is : Resolved
Under which provisions of C.P.C. I can file an application for transfering the appeal from one add.D.J. to another add.D.J.?
Can anybody provide me the draft please!
Tribhuwan Pandey
(Expert) 18 March 2009
Under section 24 of CPC before the High court. Application having the facts, grounds and prayer of transfer of appeal.
M. PIRAVI PERUMAL
(Expert) 18 March 2009
You can approach the Hon'ble High Court for transfer of your appeal under Section 24 of CPC.
Uma parameswaran
(Expert) 18 March 2009
The answer given by Mr.C.Pandey and Perumalji is correct.As for draft I think each state has its own format.So it is better to consult with a lawyer in your state.
A. A. JOSE
(Expert) 18 March 2009
The question is righly answered and I also agree with above views.
Sushil Kumar Bhatia
(Expert) 19 March 2009
The appeal if filed before the Distt Judge the same can be heard by Distt Judge himself or transfer it to the A.D.J if the court is prejudice the agrrieved party can move tranfer application before Distt Judge and pray for hearing of the appeal by distt judge or to transfer it to other Addl. distt judge .
Shashikant V. Patil
(Expert) 19 March 2009
Mr. Sushil Kumar Bhatia is right if the appeal is to be transferred from one ADJ to another ADJ, DJ will heard the same.
Jainodin shaikh
(Querist) 20 March 2009
Under which provision of law? Is there any ruling?
SANJAY DIXIT
(Expert) 20 March 2009
S. 24 C.P.C. - General power of transfer and withdrawal.
(1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage-
(a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or
(b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and-
(i) try or dispose of the same; or
(ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or
(iii) retransfer the same for trial or disposal to the Court from which it was withdrawn.
(2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which 1[is thereafter to try or dispose of such suit or proceeding] may, subject to any special directions in the case of any order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn.
2[(3) For the purposes of this section,-
(a) Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court;
(b) "proceeding" includes a proceeding for the execution of a decree or order.]
Hiralal Das
(Expert) 04 April 2009
I agree with the opinions of my learned members friend. You may follow them which should be better to solve the problem.
