APCRPCO Section 63 : Application for Transfer
Act
Summary
Section 63 of the Andhra Pradesh Civil Rules Of Practice and Circular Orders, 1990 outlines the procedure for applying to transfer a suit, appeal, or proceeding between courts. Applications must be made by original petition, with notices served to involved parties. The District Court may transfer cases on its own motion under Section 24 of the Code, provided reasons are recorded for dispensing with notice.
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Explanation using Example
Example 1: Transfer of a Civil Suit Due to Jurisdictional Convenience
Introduction: Mr. Rao files a civil suit in Court A in Andhra Pradesh against Ms. Devi for breach of contract. However, both parties reside closer to Court B, which is more convenient for witnesses and evidence presentation.
Application: Under Section 63 of the Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990, Mr. Rao can apply for the transfer of the suit from Court A to Court B. He must file an original petition entitled in the matter of the pending suit using Form No. 17. Notice of the application must be served to Ms. Devi using Form No. 18.
Outcome: If the court finds the transfer justified, it will order the transfer. Non-compliance with the notice requirement could delay proceedings or invalidate the transfer request.
Conclusion: Properly following the procedural steps ensures the case is heard in the most convenient jurisdiction, facilitating a fair trial.
Example 2: District Court's Suo Motu Transfer of a Case
Introduction: A high-pro...
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