Section 96: Power to transfer cases

1) The Supreme Court may, if there exists a circumstance referred to in clause (1) of Article 134 of the Constitution of Nepal, procure a case sub judice in any High Court from such Court, and proceed to hear and adjudicate it.

2) The Supreme Court may, if there exists a circumstance referred to in clause (2) of Article 134 of the Constitution of Nepal, make an order that a case sub judice in one High Court be transferred to, and heard and adjudicated by, another High Court.

3) The High Court may, if there exists a circumstance referred to in clause (2) of Article 145 of the Constitution of Nepal, make an order that a case sub judice in one District Court under its jurisdiction be transferred to, and heard and adjudicated by, another District Court under its jurisdiction.

4) Decision as to whether the circumstance requiring the transfer of the case referred to in sub-section (2) or (3) exists or not shall be made on the basis of a petition by the concerned party to a case or information from the inspection or report of the court.

5) If there is some reason that any case filed in any court cannot be heard by the judge of that court pursuant to this Act, the concerned court shall submit a report, setting out such matter, to the appeal hearing court, and upon receipt of such report, the appeal hearing court may, also considering the convenience of the parties, transfer such case to another court of equal jurisdiction that is subordinate to its territorial jurisdiction.

6) If an order is made pursuant to sub-section (2), such court shall, in accordance with the order of the Supreme Court, proceed, hear and adjudicate the case.

7) Even if any case is adjudicated by another court pursuant to sub-section (2), (3) or (5), appeal from the judgment made by such court shall lie in the court hearing appeal from the court where the plaint has been registered originally.