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State of West Bengal - Section

Section 10 in The City Civil Court Act, 1953

10. Power of Chief Judge in respect of distribution of business, and transfer and withdrawal of suits or proceedings. -

(1)The Chief Judge may make such arrangements as he thinks fit for the distribution of business of City Civil Court among the Judges thereof.
(2)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 if he is of opinion that it is necessary so to do in order to ensure proper distribution of business or in order to give effect to the provisions of section 11, then of his own motion and without such notice, the Chief Judge may at any stage-
(a)transfer any suit or proceeding pending before him for trial or disposal to any other Judge of the City Civil Court, or
(b)withdraw any suit or proceeding pending before any other Judge of that Court, and
(i)try or dispose of the same; or
(ii)transfer the same for trial or disposal to any Judge other than the Judge from whom it was withdrawn.
(3)Where any suit or proceeding has been transferred or withdrawn under sub-section (2), the Judge who thereafter tries such suit or proceedings may, subject to any special directions in the case of an order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn, as he thinks fit:Provided that in a suit or proceeding where the hearing has already commenced before the transfer or withdrawal, the Judge shall retry it if any of the parties prays for a retrial.