Transfer Application Between Two High Courts
Transfer application between two High Courts |
Sometimes we see that one case pending in Lahore and others in Karachi or Peshawar. People often don't know how to move transfer applications and which high Court has Jurisdiction to transfer the case.
Section 23 of Civil Procedure Code
23. (1) Where the several Courts having jurisdiction are subordinate to the same
Appellate Court, an application under section 22 shall be made to the Appellate Court.
(2) Where such Courts are subordinate to different Appellate Courts but to the same High
Court, the application shall be made to the said High Court.
(3) Where such Courts arc subordinate to different High Courts, the application shall be
made to the High Court within the local limits of whose jurisdiction the Court in which
the suit is brought is situate
- If you live in Punjab in any district and other case is also in any other district of Punjab then you will have to move the transfer application to Lahore high court because Lahore high court has jurisdiction on all over Punjab courts.
- If your case is pending in Punjab and other case is the same parties is pending in Islamabad you can file a transfer application in Islamabad High Court, because you want to transfer a case pending in Islamabad and Islamabad High Court has jurisdiction on the matter
- Some People file Application In Lahore HC when the case is pending in other Province which dismisses because Lahore any high court cant transfer any case which out of its Jurisdiction.
- Or another remedy is you can file transfer applications in Supreme Court, but it will be expensive. so a better way to file an application in HC in which province case is pending.
- Transfer Application accepts if your case is filed before the case is pending in other cities.
- and if Contract is made in your city
- The subject matter is in your city.
In family cases, prefer wife and case transfer where the wife lives not where the husband lives.
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