Transfer of Suits

 Transfer of Suits

Sections 22 to 25 enact the law as regards transfer and withdrawal of suits and appeals from one court to another court. Section 22 read with Section 23 enables the defendant to apply for transfer of a suit while Section 24 empowers High Court and District Court and 25 empowers Supreme Court to transfer any suit or appeal either upon application made by the party or suo motu.

Transfer of suits

• Who may apply (Section 22)- Defendant 
• To what court application lies (Section 23)
• General power of transfer (Section 24) -District Court & High Court
• Power of Supreme Court to transfer (Section 25)

Who may apply: Section 22 provides that the defendant may apply to the court for transfer of suit to another court in case a suit may be instituted in any one of two or more courts. Before transfer is ordered under Section 22, following conditions must be satisfied:

(i) The application must be made at earliest possible opportunity either at or before settlement of issues,

(ii) Notice must be given to the other side. 

Hearing of objections: After notice is served to the other party, the court must decide that application of transfer after hearing of objections of the opposite party.

Suo-motu transfer: Over and above an application by a party to the suit, High Court or District Court has power to transfer the suit or appeal even suo motu under Section 24. However, Section 25 does not provide for suo motu transfer of the suit or appeal by the Supreme Court.

To what court application lies [Section 23]: Section 23 provides that application under Section 22 lies to the following Courts:-

Subordinate to same Appellate Court: Where the several courts having jurisdiction are subordinate to the same Appellate Court, application shall be made to the Appellate Court,

Subordinate to different Appellate Courts: 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;

Subordinate to different High Courts: 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 situated. 

General power of transfer and withdrawal - Section 24

Under Section 24, after hearing the parties, the High Court or District Court may, at any stage:

(a) Transfer any suit or appeal or other proceedings pending before it for trial or disposal to any court sub-ordinate to it and competent to try or dispose of the same.

(b) Withdraw any suit, appeal or other proceeding pending in any court sub-ordinate to it and transfer the same for trial or disposal to any other competent court sub-ordinate to it or retransfer the same for trial to the court from which it was withdrawn.

Such transfer may be made from a court which has no jurisdiction to try it [Section 24(5)].

Power of Supreme Court to transfer the case: Section 25 provides that on the application of a party, and after notice to the parties, and after hearing such of them as desired to be heard, the Supreme Court may, at any stage, if satisfied that an order 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.

Every application for this purpose shall be made by a motion which shall be supported by an affidavit. While dismissing any application if the Supreme Court is of opinion that the application was frivolous or vexatious, it may order the applicant to pay compensation up to 2000 rupees to any person who has opposed the application.