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State of Odisha - Section

Section 8 in The Orissa Civil Courts Act, 1984

8. Transfer of proceedings on vacation of Civil Judge, (Senior Divisions or [Civil Judge, (Junior Division)] [Substituted vide Orissa Gazette Extraordinary No. 1647/21.12.1993-Notification. No. 16063-Legis./20.12.1993.].

(1)In the event of the death, resignation or removal of [Civil Judge, (Senior Division)] [Substituted vide Orissa Gazette Extraordinary No. 1647/21.12.1993-Notification. No. 16063-Legis./20.12.1993.] or of his being incapacitated by illness or otherwise for the performance of hi duties or in the event of his absence from the place at which his absence from the place at which his Court is held, the District Judge may transfer all or any of the proceedings pending in the Court of the [Civil Judge (Senior Division)] [Substituted vide Orissa Gazette Extraordinary No. 1647/21.12.1993-Notification. No. 16063-Legis./20.12.1993.] either to his own Court or to any Court under his administrative control competent to dispose of them :Provided that the District Judge may transfer to the Court of the [Civil Judge, (Senior Division)] [Substituted vide Orissa Gazette Extraordinary No. 1647/21.12.1993-Notification. No. 16063-Legis./20.12.1993.] or his successor any proceedings transferred to his or any other Court :Provided further that in respect of proceedings not pending in the Court of [Civil Judge, (Senior Division)] [Substituted vide Orissa Gazette Extraordinary No. 1647/21.12.1993-Notification. No. 16063-Legis./20.12.1993.] on the occurrence of an event referred to above and with respect to which the [Civil Judge, (Senior Division] [Substituted vide Orissa Gazette Extraordinary No. 1647/21.12.1993-Notification. No. 16063-Legis./20.12.1993.] has exclusive jurisdiction, the District Judge may exercise all or any of the jurisdiction of that Court.
(2)Proceedings transferred under Sub-section (1) shall be disposed of as it they had been instituted in the Court to which they are so transferred.
(3)The provisions contained in Sub-sections (1) and (2) shall mutatis mutandis, apply to proceedings pending in the Court of a [Civil Judge, (Junior Division).] [Substituted vide Orissa Gazette Extraordinary No. 1647/21.12.1993-Notification. No. 16063-Legis./20.12.1993.]