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Transfer Of Suits Or Appeal: Civil Procedure Code: Section 22 To Section 25

By Mohd Aqib Aslam | Views 22064

The defendant or plaintiff has liberty to transfer a suit or appeal from one Court to the another Court of the similar rank and if Court satisfied with the contents of the application for the transfer of suit or appeal then Court can transfer the same in the interest of Justice. Section 22 to Section 25 of the Civil Procedure Code 1908 deal with the provisions of transfer of suit or appeal.

Provision as to Transfer of suits:
Section 22 to Section 25 deal with the provisions of transfer of suit or appeal which are as under:

Power to transfer suits which may be instituted in more than one Court:
According to Section 22 of the Civil Procedure Code 1908, Where a suit may be instituted in any one of two or more Courts and is instituted in one of such Courts, any defendant, after notice to the other parties, may, at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, apply to have the suit transferred to another Court, and the Court to which such application is made, after considering the objections of the other parties (if any), shall determine in which of the several Courts having jurisdiction the suit shall proceed.
To what Court application lies (Section 23):
1. Where the several Courts having jurisdiction are subordinate to the same Appellate Court, an application under section 22 shall be made to the Appellate Court.
2. Where such Courts are subordinate to different Appellate Courts but to the same High Court, the application shall be made to the said High Court.
3. Where such Courts are subordinate to different High Courts, the application shall be made the High Court within the local limits of whose jurisdiction the Court in which the suit is brought is situate.
General power of transfer and withdrawal Section 24:
1. On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage:
  1. Transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or
  2. Withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and:
    1. Try or dispose of the same; or
    2. Transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or
    3. Retransfer the same for trial or disposal to the Court from which it was withdrawn.
2. Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which is thereafter to try or dispose of such suit or proceeding] may, subject to any special directions in the case of any order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn.
Power of Supreme Court to transfer suits, etc (Section 25):
1. On the application of a party, and after notice to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or other proceeding be transferred from a High Court or other Civil Court in one State to a High Court or other Civil Court in any other State.
2. Every application under this section shall be made by a motion which shall be supported by an affidavit.
3. The Court to which such suit, appeal or other proceeding is transferred shall, subject to any special directions in the order of transfer, either retry it or proceed from the stage at which it was transferred to it.
4. In dismissing any application under this section, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum, not exceeding two thousand rupees, as it considers appropriate in the circumstances of the case.
5. The law applicable to any suit, appeal or other proceeding transferred under this section shall be the law which the Court in which the suit, appeal or other proceeding was originally instituted ought to have applied to such suit, appeal or proceeding.