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Sachin K
in Civil Law
Asked July 20, 2017

Time involved in transfer of case

  • 1 Answer
  • 237 Views

Transfer petition-civil filed in Supreme court, Supreme court allowed the transfer but the case file has not yet received at the transferred court. What is the process and how much time does it take?

Answer 1

 

 

 

Dear Sir/madam,

An “Urgent hearing application” may be moved by your advocate stating the urgency of the matter in issue – to speed up the matter.

Section 25 of the Civil Procedure Code deals with the query asked. The provision talks about Power of Supreme Court to transfer suits.However, the law is also silent on the point of the approximate time duration which is involved in such tranferring of cases.

The process under section 25 is as follows :=-

(1) On the application of a party, and after notice to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or other proceeding be transferred from a High Court or other Civil Court in one State to a High Court or other Civil Court in any other State.

(2) Every application under this section shall be made by a motion which shall be supported by an affidavit.

Agree Comment 0 Agrees over 3 years ago

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