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    Seg-32 Transfer of cases

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    Puralika Mohanty

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    © All Rights Reserved
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    Seg-32 Transfer of cases

    Uploaded by

    Puralika Mohanty
    1 views1 page

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    Download as docx, pdf, or txt
    1 views1 page

    Seg-32 Transfer of cases

    Uploaded by

    Puralika Mohanty

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    TRANSFER OF CASES

    “Plaintiff is dominus litis who has the right to choose a forum for ventilating his grievances.”
    “Free and fair trial is an essential requirement of justice”
    “ In appropriate cases, proceedings can be transferred from one court to another court.”

    1. GENERAL – S. 22 to 25 enact the law as regards transfer and withdrawal of suits, appeals
    and other proceedings. S.22-23 enable a defendant to apply for transfer a suit. S.23 and
    24 empower certain courts to transfer any suit, appeal or other proceeding either on an
    application made by any party or by the court suo motu.
    2. S.25 confers very wide, plenary and extensive powers on SC to transfer any suit, appeal
    or other proceeding from one HC or one civil court in one state to another state.
    3. WHO MAY APPLY – S.22 & 23 deal with right of defendant to apply for transfer of a suit.
    A d after notice to other side ay at the earliest opportunity apply to a court to have suit
    transferred from the court to another court.
    4. CONDITIONS –
    a. Application at the earliest opportunity
    b. Notice to other side.
    5. TO WHICH COURT APPLICATION LIES –
    a. Where several courts have jurisdiction and are subordinate to same appellate
    court – that appellate Court.
    b. Such courts subordinate to same HC – to that HC
    c. Such courts subordinate to different HCs – application to HC within whose local
    limits the court in which suit is, situate.
    d. SC may transfer any suit, appeal or other proceeding from one HC to another HC
    or one CC to another CC.
    6. CONSIDERATIONS –

    1. Convenience or inconvenience of plaintiff and the right of Plaintiff to choose his


    own forum.
    2. Convenience or inconvenience of the witnesses required for a proper trial
    3. Convenience or inconvenience of witnesses required for proper trial of suit.
    4. Convenience or inconvenience of a particular place of trail having regard to the
    nature of evidence.
    5. Nature of issues in the suit.

    7. NOTICE – notice must be given prior to the making of application. The purpose is to give
    the Opposite Party an opportunity to raise objections and to give hearing against the
    proposed action of transfer.
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