Want a new judge? Bring proof.

Myth or fact?

What people often think.

• Myth: If I lose faith in the judge, my case must be moved.
• Fact: Cases are not transferred as a routine or at the whims of the parties. Bias must be shown (2025 CLC 130, Balochistan High Court).

The law.

Section 24(1), CPC.

“On the application of any of the parties and after notice to the parties and after hearing such of them as desire to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage (a) 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 ...”

Code of Civil Procedure, 1908 · Section 24(1), General power of transfer and withdrawal

What it can do.

Section 24(1)(b), CPC.

• WithdrawTake the case from the lower court.
• ThenTry it itself, send it to another competent court, or send it back.
• Any stageOn a party's application, or on its own.

Quick quiz. One bad order.

Guess first, then swipe for the answer.

• A. Yes
• B. No, challenge the order instead
• C. Only after two such orders

Answer: B. Appeal the order.

2017 CLCN 13, Sindh High Court.

• Not enoughAn adverse order is not a sufficient ground for transfer.
• The remedyThe aggrieved party can challenge that order.
• ProtectionJudges are protected from frivolous transfer applications too.

What is not enough.

From the case law.

• BraggingThe other side saying they will get favour (2022 MLD 908, 2025 CLC 130).
• General claimsBias needs specific particulars and corroboration (2018 CLC 1578).
• DelayRepeated applications looked like delay tactics (2025 YLR 1449).

After the transfer.

Section 24(2) and (3).

• New courtMay retry the case, or carry on from where it stopped.
• Additional judgesAdditional and Assistant Judges count as subordinate to the District Court.

Before you apply.

Get these ready.

• Specific factsWhat was said or done, when, and by whom.
• ProofWitnesses, the order sheet, anything on record.
• Your conductA party misusing the process gets no help (2014 MLD 1267).

Unhappy with your court?

Ask FAI in your own words. It answers with the exact section and the judgments behind it.

• I think the civil judge is favouring the other side. Can I get my case transferred?
• Draft a transfer application under section 24 CPC.

Example questions

Sources

• Code of Civil Procedure, 1908 · Section 24(1)
  General power of transfer and withdrawal Pakistan Code