Tuesday, 25 November 2014

Procedure for Transfer of Case

Whenever a person wishes to transfer a case from one court to another, there is a procedure to be followed by that person.

There is a petition filed in the court of District Judge to which such a judge is inferior. There are grounds mentioned in the petition for the transfer of case. The biggest ground of all is that if a person doesn't trust the judge, he/she can get his/her case transferred from that court. There is no compulsion on a person to get the case heard by a judge who is biased in his/her view.

Once the petition for transfer of case is filed, the district judge adjourns the proceedings on petition and calls for report to the concerned judge. On the next date of hearing such report comes to the district judge. Eventually arguments are heard and if the district judge feels that the petitioner has genuine grounds for the transfer of case, he can admit the petition.

Once the petition is admitted, the same judge loses power to hear the case. On the next day of hearing in the inferior court, the judge sends the file to the judge to whom the case is transferred. The new judge gets all the powers to hear the case once the file is reached.

For any questions and queries regarding transfer of case feel free to write us at internationallawyerinfo@gmail.com

Salman Yousaf Khan (Golra)
Advocate High Court

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Salman Yousaf Khan
International Lawyer