(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, 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.
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(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.