Transfer of Suits

TRANSFER OF SUITS (Ss.
22-25)
Sections 22 to 25 of the Code lay down the provisions relating to

the transfer of suits from one court to another court as detailed below.
S.22 Power to transfer suits which may be instituted in more
than one court
S.23 To what court application lies
S.24 General power of transfer and withdrawal
S.25 Power of Supreme Court to transfer suits etc.
Section 22 of the CPC, there are certain cases in which the

plaintiff will have an opportunity to properly file suit in one of the two
or more courts competent to try the suit. In such cases, the
defendant may apply to have the suit transferred to another court,
which also has the jurisdiction to try the suit. The defendant has to
apply for the transfer of the suit.
Section 23 of the Code, to what court, the defendant has to

apply for transfer of the suit instituted by the plaintiff u/s 22 of CPC.
According to section 23, such application for the transfer of suit shall
be made -
1. Where the several courts having jurisdiction are subordinate to
the same Appellate Court, an application U/s 22 shall be made
to the Appellate Court (example: taluk courts to district court)
2. Where such courts are subordinate to different appellate
courts but to he 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 to 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 (S.24) : This provision

confers on the High Court and District Court to exercise general power
of transfer and withdrawal of all suits, appeals and other proceedings.
Such power may be exercised by the High Court or the District Court
at any stage of the proceeding and even suomotto without an
application
S.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-
(a) Transfer any suit, appeal or other proceeding pending before
it for trail or disposal 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
any Court subordinate to it, and
i. try or dispose of the same or
ii. transfer the same for trial or disposal to any Court
subordinate to it and competent to try or dispose of the
same, or
iii. retransfer the same for trial or disposal to the Court
from which it was withdraw,.
(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 an order of transfer, either retry
it or proceed from the point at which it was transferred or
withdrawn.
(3) For the purposes of this section -
(a) Courts of Additional and Assistant Judges shall be
deemed to be subordinate to the District Court,
(b) “proceeding” includes a proceeding for the execution of
a decree or order.
(4) The Court truing any suit transferred or withdrawn under
this section from a Court of Small Causes shall, for the
purposes of such suit, be deemed to be a Court of Small
Causes,
(5) A suit or proceeding may be transferred under this section
from a Court which has no jurisdiction to try it.
Power of Supreme Court to transfer suits, etc. (S.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
proceedings 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) Evey application under this section shall be made by a motion
which shall by 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.
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TRANSFER OF SUITS (Ss.

Sections 22 to 25 of the Code lay down the provisions relating to

Section 22 of the CPC, there are certain cases in which the

Section 23 of the Code, to what court, the defendant has to

General power of transfer and withdrawal (S.24) : This provision

Power of Supreme Court to transfer suits, etc. (S.25)- (1) On the

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