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Procedure of Transfer of Case

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Whenever a party loses confidence on the court or on the presiding officer of the court, it has the right to get its case decided by other judge. There are further two procedures that can be adopted for the transfer of case.

The party interested in the transfer of case can request the judge (presiding officer) of the court for the transfer of case. On that the judge can make a reference and send to its appellate court showing its reservation to hear that particular case.

The other procedure is that the aggrieved party can move an application for the transfer of case in the appellate court. On that the appellate court requires comment from the particular judge against which such application is moved.

Once comments are received and arguments of the parties are heard, the Judge of appellate court has descretionary powers to accept the transfer petition or not. However, a trend and a good practice is that the judges of appellate courts usually accept such like applications in the interest of justice and parties both.

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