118. Power of Chief Judicial Magistrate/Additional Chief Judicial Magistrate/Sub-divisional Judicial Magistrate and Munsif over the bench of Gram Katchahry.
(1)If there has been a miscarriage of justice, or there be an apprehension of miscarriage of justice, in any case or suit, the Chief Judicial Magistrate/Additional Chief Judicial Magistrate/Sub-divisional Judicial Magistrate, as the case may be, and the Munsif in respect of any suit, may on the application of any party or of his own motion, at any time during the pendency of the suit or case and within sixty days from the date of a decree or order, call for the record from a bench of a Gram Katchahry and may for reasons to be recorded in writing:-(a)transfer the case and order it to be heard by another bench of the Gram Katchahry within the local limits of the jurisdiction of the Panchayat or within the local limits of the jurisdiction of the Panchayat Samiti area; or(b)quash any proceeding of the bench at any stage or cancel any order or decree passed by such bench and either remand the suit or case to the same bench for retrial or direct the complainant or plaintiff, as the case may be, to institute the case or suit afresh to any other bench of the Gram Katchahry within the local limits of the Panchayat Samiti area:Provided that before passing any order under this subsection the Chief Judicial Magistrate/ Additional Chief Judicial Magistrate/Sub-divisional Judicial Magistrate/Judicial Magistrate or the Munsif, as the case may be, shall call for a report from-the bench of a Gram Katchahry and give an opportunity to the parties to be heard.Explanation.-For the purposes of sub-Section (1) the word "bench" includes a "full bench".(2)Where order has been passed by a Munsif or Chief Judicial Magistrate/ Additional Chief Judicial Magistrate/Sub-Divisional Judicial Magistrate, as the case may be, under sub-section (1) in respect of any suit or case, as the case may be, the complainant or plaintiff may institute the case or suit afresh before a court of competent jurisdiction.(3)Any suit or case transferred under clause (a) of sub-section (1) shall be disposed of as if such suit or case has been instituted before the bench to which it has been so transferred.Explanation.-For the purpose of sub-section (1) the word "bench" includes a "full bench".
