Transfer of civil case from one district to another district
inderjeet
(Querist) 07 July 2017
This query is : Resolved
On point of jurisdiction u/ rule 7 order 10 I case was returned and I filed where the defendants resides. Now I am facing threats to my life besides far of distance and financial constraints and no income source I am facing difficulty in attending the case. My query is that for transfer of case from one district to another district I should approach High Court or Supreme Court. Please advice.
Rajendra K Goyal
(Expert) 07 July 2017
You may not succeed in getting the case transferred.
Your lawyer can attend the court on your behalf as it is a civil case.
You can give POA to attend and proceed on your behalf.
inderjeet
(Querist) 07 July 2017
For transfer of case which court should I approach high court or supreme court
Azhagananth
(Expert) 08 July 2017
for transfer of case from one District to another District,such transfer application has to filed before High court..
inderjeet
(Querist) 08 July 2017
Thanks for the information
Dr J C Vashista
(Expert) 09 July 2017
Any case can be transferred inter district courts by concerned High Court and intra district /high court you will have to seek orders from Supreme Court.
However, the suit shall lie within the jurisdiction of district/high Court where immovable property is situated and not where defendant reside/work for gain.
inderjeet
(Querist) 09 July 2017
Suit is for recovery from the management. Now due to financial constraints and risk to my life I want to transfer the case more over the management is having their one branch where I intend to transfer the case. Now do I have to file application for transfer of case to high court as it is from one district to another district
Kumar Doab
(Expert) 09 July 2017
Believing that it is one distt to another for civil suit in same state, experts have appropriated.
rajeev sharma
(Expert) 10 July 2017
First assess whether the threats to your life are actual or imaginary secondly whether your presence on each and every date of suit is necessary? If the answers of both the questions is in yes and you have sufficient evidences to satisfy the court you may file an application before concerned High Court for transferring the case to another district.
Kumar Doab
(Expert) 10 July 2017
It is vaguely remembered that the query has been posted earlier hinting that employer's office is in other state.
Is it same matter?
inderjeet
(Querist) 10 July 2017
Besides threads my advocate don't attend the case
Kumar Doab
(Expert) 11 July 2017
What exactly you want to convey in your last post!
Surrender K Singal
(Expert) 12 July 2017
It is bechara litigant at the mercy of Advocates and the system of Indian courts without any sincerity for the sufferer litigant ?
