# Want a new judge? Bring proof.

> The High Court or the District Court can transfer or withdraw a civil case at any stage under section 24 CPC. But cases are not moved as a routine or at the whims of the parties: bias needs specific facts and proof (2025 CLC 130, 2018 CLC 1578), and an order against you is a reason to challenge that order, not to move the case (2017 CLCN 13).

- Topic: Courts and procedure
- For: Citizens
- A 11-slide carousel: https://failegal.site/media/want-a-new-judge-bring-proof
- Published by FAI Legal on 2026-10-19

## 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))

## What it can do.

Section 24(1)(b), CPC.

- **Withdraw** Take the case from the lower court.
- **Then** Try it itself, send it to another competent court, or send it back.
- **Any stage** On 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 enough** An adverse order is not a sufficient ground for transfer.
- **The remedy** The aggrieved party can challenge that order.
- **Protection** Judges are protected from frivolous transfer applications too.

## What is not enough.

From the case law.

- **Bragging** The other side saying they will get favour (2022 MLD 908, 2025 CLC 130).
- **General claims** Bias needs specific particulars and corroboration (2018 CLC 1578).
- **Delay** Repeated applications looked like delay tactics (2025 YLR 1449).

## After the transfer.

Section 24(2) and (3).

- **New court** May retry the case, or carry on from where it stopped.
- **Additional judges** Additional and Assistant Judges count as subordinate to the District Court.

## Before you apply.

Get these ready.

- **Specific facts** What was said or done, when, and by whom.
- **Proof** Witnesses, the order sheet, anything on record.
- **Your conduct** A 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.**

## Sources

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

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Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Review status: Pending advocate review.

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