orders would be passed in your IA as it was placed under caption for orders
I have filed for restitution of conjugal rights. Along with that I had filed IA for visitation of my daughter. The petition came for arguments and orders but unfortunately the judge was transferred after our arguments. Then it was posted in another court since there was no judge appointed in the previous court. Arguments were done again from both parties in the other court and it is posted for orders now for IA petition. Now again judge is appointed in the previous court. What will be the process now will it be orders in the court where the arguments are over or again arguments wil happen since the judge is come to the original court. The petition was filed on March 2023.
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As the same judge has returned to the court, it may not be necessary to present oral and written submissions and counters to him/her again, conversant as he/she is already with the facts of the case. Ask your lawyer to mention this fact to the judge and plead for an early order on the IA.
- Since, the matter was transferred to another court due to transfer of the judge in the previous court , then it will not returned back in that court , specially when the said court is competent to hear the matter and to pass order
- Hence, as the arguments already heard by this court , then this court will pass order of IA .
An IA petition is an interlocutory application, which is an application moved in the main petition for some urgent relief or to bring some new facts to the notice of the court. An interlocutory order is an order passed in such an application, which is not final and is subject to change or modification. The procedure for filing and hearing an IA petition is the same as that of the original suit, in matters like recording of evidence, examining witnesses, etc.
According to Section 24 of the Code of Civil Procedure, 1908, the High Court may 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. Similarly, the District Court may 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. The transfer of a case from one court to another may be done for various reasons, such as convenience of parties, speedy disposal of justice, impartiality of judges, etc.
In your case, since your IA petition was transferred from one court to another due to the absence of a judge in the original court, and since the arguments were done again in the new court and it is posted for orders now, it is likely that the orders will be passed in the new court where the arguments are over. However, this may also depend on the discretion of the High Court or the District Court that has the power to transfer your case. If they decide to transfer your case back to the original court where a judge is appointed now, then you may have to argue your case again before that judge. Therefore, you should consult your lawyer and follow the updates on your case status.
The new judge will prefer to hear the arguments from both the sides afresh in order to enable him to pass an order as per law.
From your post it can be noted that your case was not transferred to another court, whereas it was heard by the in charge judge.
However in the interim period, a new judge has taken over the court where your case is going on, hence it would be imperative for the new judge to hear both the sides in order to pass an order as per law.
Sir/Madam,
If the petittion/case is posted to previous court, you are suggested to request that court to post the matter to the present court because the matter is aleady heard and only judgment is to be passed.
Greetings of the Day,
I have read your issue but find that there are some facts which need to be clarified. You can approach on either nine two one two one two four five eight five or seven zero four two eight three three six eight six for personal approach.
We Hope that a personal consultation would be fruitful to the issue and it would be better for you to talk to someone directly.
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SPS Law Chambers
New Delhi.