Section 16 in Jammu and Kashmir Code of Civil Procedure Act, 1977
16. General power of Transfer and withdrawal.
(1)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 District Court may at any stage-(a)transfer any suit, appeal or any proceeding pending before it for trial or dispose to any Court subordinate to it and competent to try or dispose of the same, or(b)withdraw any suit, appeal or other proceeding pending in other court subordinate to it, and(i)try or dispose of the same; or(ii)transfer the same for trial or dispose to any Court subordinate to it and competent to try or dispose of the same; or(iii)re-transfer the same for trial or disposal to the Court from which it was drawn.(2)Where any suit or proceeding has been transferred or withdrawn under sub-section(1), the Court which may subject to any special directions in the case of an order for transfer, either retry it proceed from the point at which it was transferred.(3)For the purpose of this section :-(a)Court of Additional and Assistant Judges shall be deemed to be subordinate in the District Court;(b)"Proceeding" includes a proceeding for the execution of a decree or order.(4)The Court trying any suit transferred or withdrawn under this section from a Court of small cases shall , for the purposes of such suit, deemed to be a court of small cases.(5)A suit or proceeding may be transferred under this section from a Court which has no jurisdiction to try it.
