POWER TO TRANSFER SUITS WHICH MAY BE INSTITUTED IN MORE THAN ONE COURT:   POWER OF DISTRICT AND HIGH COURT TO TRANSFER AND WITHDRAW CASES – SECTION 24 : CONDITIONS FOR TRANSFER OF A CASE

Sections 22, 23, 24, and 24-A of the Civil Procedure Code (CPC) provide the powers related to transfer and withdrawal of suits.

Where a plaintiff has a choice to file a suit in one of two districts under Section 18 CPC and has exercised this right by instituting the suit in one competent court, the defendant can apply under Section 22 CPC for transfer of the case to another competent court.

Such an application is decided after notice to the other party, by the court mentioned in Section 23 CPC.

Section 24 empowers the High Court and the District Court to transfer or withdraw any suit, appeal, or other proceeding from subordinate courts.

RELEVANT PROVISIONS:

• Sections 22 to 24-A of CPC

POWER TO TRANSFER SUITS WHICH MAY BE INSTITUTED IN MORE THAN ONE COURT – SECTION 22

Where a suit may be instituted in any one of two or more competent courts, and it is filed in one of such courts, any defendant, after notice to the other parties and at the earliest possible opportunity (and in all cases before or at the time of settlement of issues), may apply to have the suit transferred to another court.

The court hearing the application, after considering objections from other parties (if any), shall determine in which of the courts having jurisdiction the suit should proceed.

TO WHICH COURT THE APPLICATION SHALL LIE – SECTION 23

1. If the courts involved are subordinate to the same appellate court, the application under Section 22 shall be made to the Appellate Court.

2. If such courts are subordinate to different appellate courts but to the same High Court, the application shall be made to that High Court.

3. If the courts are subordinate to different High Courts, the application shall be made to the High Court within whose local jurisdiction the court where the suit was initially filed is located.

POWER OF DISTRICT AND HIGH COURT TO TRANSFER AND WITHDRAW CASES – SECTION 24

1. On the application of any party, and after notice and hearing, or on its own motion without notice, the High Court or District Court may, at any stage:

   (a) Transfer any suit, appeal, or other proceeding pending before it to any subordinate court competent to try or dispose of it; or
   (b) Withdraw any such suit, appeal, or proceeding from a subordinate court and:

   • Try or dispose of it itself, or

   • Transfer it to another competent subordinate court, or

   • Re-transfer it back to the original court.

2. Where any suit or proceeding is transferred or withdrawn under subsection (1), the court trying such suit may, subject to any special directions, either retry it or proceed from the stage at which it was transferred or withdrawn.

3. For the purposes of this section, Assistant Judges shall be deemed part of the District Court.

4. The court trying a suit transferred from a Court of Small Causes shall, for that purpose, be deemed a Court of Small Causes.

CONDITIONS FOR TRANSFER OF A CASE

The power of transfer or withdrawal is subject to the following conditions:

a) The court from which the case is to be transferred or withdrawn must be a court of competent jurisdiction.
b) The court to which the case is to be transferred must be competent to try or dispose of the same.
c) Both courts involved must be subordinate to the court ordering the transfer or withdrawal.

APPEARANCE OF PARTIES ON TRANSFER OF SUIT – SECTION 24-A

1. Where any suit is transferred under Section 22, or any suit, appeal, or other proceeding is transferred or withdrawn under Section 24(1) on the application of a party, the court ordering the transfer or withdrawal shall:

   • Fix a date for the appearance of the parties, either:

     • Before itself, if it is to try or dispose of the case, or

     • Before the court to which the case is transferred.

2. Where the transfer is made not on the application of a party (e.g., by the court on its own motion), the parties shall:

   • Appear before the original court (from which the case is being transferred) on the date already fixed.

   • The court shall then inform the parties of the transfer order and direct them to appear before the transferee court, either on the same day or as early as reasonably possible, depending on the distance between the courts.