Power to transfer suits which may be instituted in more than one Court:
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.
Ordinarily, the plaintiff has a right to choose the forum where he has the choice of two or more courts in which he may properly institute a suit. But the defendant may apply in such cases to have the suit transferred from the court in which it is filed to another court, which has also the jurisdiction to hear the suit. This the defendant has to do after notice to the other parties at the earliest possible opportunity and in all cases where issues are settled at or before such settlement.
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ADVERTISEMENTS:
When Transfer of case not necessary:
The transfer of succession case is not tenable on ground that no advocate was available at place where case was pending and especially when the other party was ready to pay the expenses for engaging counsel.