proceedings, the Court may at any time allow the whole or part of the income of the property to be paid, during
such period as it may direct, to any or all of the parties who have an interest therein or may direct, that any part
of the personal property be transferred or delivered to any or all such parties.
Order 34
Transfer and Consolidation
Transfers
1. Where a Judge has(a) ordered the transfer of any action from the Magistrate's Court to the High Court or to another Magistrate's
Court;
or
(b) ordered the transfer of any cause or matter before him to a Magistrate's Court, a copy of the order duly
certified by the registrar shall forthwith be sent to the registrar of the Magistrate's Court who shall transmit to the
Court or the Magistrate's Court, as the case may be, the process and proceedings in every such action, and an
attested copy of all entries in the books of that Court relating thereto and thenceforth all proceedings in the
action, cause or matter shall be taken in the Court to which the transfer is made as if the action, cause or matter
had been commenced therein.
2. (1) On receipt by the Court of the documents mentioned in rule 1 of this Order, the registrar shall notify the
party who applied for the transfer or, where the transfer was not made on application of any party, the plaintiff to
attend at the Registry of the Court and pay the fees for filing the documents, if any and the payment shall be
without prejudice to the question of how the costs shall ultimately be borne.
(2) The notification shall be effected by serving a notice personally on the party concerned or where an address
for service has been given by the party in the Magistrate's Court, service may be effected by leaving the notice
with an adult person resident or employed at the address for service given in the Magistrate's Court.
3. (1) The registrar shall, on payment of the prescribed fees, if any, file the document received from the
Magistrate's Court and make an entry of the filing in the Cause Book.
(2) The registrar shall then serve notice on the parties to attend in person or by their legal practitioners before the
Court, on the day and at the time specified in the notice.
(3) The fees for the service of such notice shall be defrayed in the first instance by the party who has paid the
fees for filing as provided by rule 2(l) of this order.
4. (1) If the plaintiff fails to attend in compliance with the notice given under rule 3(2) of this Order, the Court
shall record his default and the defendant may apply by summons for an order dismissing the action and the
provisions of paragraph (2) of rule 2 of this Order shall apply to the service of the summons on the plaintiff.
(2) Upon an application by a defendant to dismiss the action, the Court may either dismiss the action upon such
terms as may be just or make such other order on such terms as it thinks just.
(3) If the defendant fails or all the defendants, if more than one, fail to attend in compliance with a notice given
under rule 3(2) of this Order the plaintiff, after having caused an address for service to be entered in the Cause
Book may, by leave of the Court to be obtained on summons, have judgment entered for him with costs or obtain
the order prayed for in the transferred proceedings.
(4) The provisions of paragraph (2) of rule 2 of this Order shall apply to the service of the summons on the
defendant or the defendants.
5. The references in rule 4 of this Order to the plaintiff and the defendant shall, in relation to proceedings
commenced otherwise than by plaint, be construed as references to the applicant and the respondent.