See under section 24 (1) of CPC 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(iii) retransfer the same for trial or disposal to the Court from which it was withdrawn.
(2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which 1[is thereafter to try or dispose of such suit or proceeding] may, subject to any special directions in the case of any order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn.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.]
(4) the Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be
deemed to be a Court of Small Causes.
3[(5) A suit or proceeding may be transferred under this section from a
Court which has no jurisdiction to try it.]
1. Subs, by Act No. 104 of 1976, sec. 10 for "thereafter tries such suit" (w.e.f. 1-2-1977).
2. Subs, by Act No. 104 of 1976, sec. 10 for sub-section (3) (w.e.f. 1-2-1977).
3. Ins. by Act No. 104 of 1976, sec. 10 (w.e.f. 1-2-1977).
my answer to mr jamai saab is that district judge denotes the Principal district judge having general administrative and supervisiory jurisdiction over all the subbordinate judges. all other dsitrict judges are deemed subbordinate to him for the purpose of section 24. You can ask for stay and it will be granted on the merits of your application, and usually in extreme cases of exigency or denial of justice. Usually transfer proceedings are treated as apellete proceedings and the transferee lower court would await further orders.
as regards damayanthi, as far as family courts are concerned the appellate court is the concerned high court so please verify that you may have to move the hgh court under section 24 of cpc. an ad interim stay or order is usually granted ex-parte for a short period say 8 weeks until such time notice is served and parties appear. after appearance of aprties, couter and enquiry the order may be made absolute or cancelled. such interim order will have force untill disposal of the main OP or suit. so this is the difference.
regards
mani
