Provisions of the Code of Civil Procedure relating to Transfer of Suits

Sections 22 to 25 of the C.P.C. deal with the provisions of transfer of suits.

Section 22 empowers the defendant to make an application of transfer. While, Sec. 23 provides that where the several Courts having jurisdiction to the same appellate Court, an application under Section 22 shall be made to the appellate Court.

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Before transfer is ordered under Sec. 22, defendant has to satisfy two conditions namely-

(i) The application must be made at the earliest possible opportunity and in all cases where issues are settled, at or before the settlement of issues; and

(ii) Notice must be given to other side which is mandatory.

Section 24. General power of transfer and withdrawal:

This section is much wider than Sec. 22 in as much as while Section 22 enables the defendant to make an application. Section 24 can be invoked by any party to a suit, appeal or other proceeding or even by Court of its own motion.

Further, while section applies only to suits. Section 24 applies to suits, appeals and other proceedings, including execution proceedings.

Section 25. Powers of Supreme Court to transfer cases:

Section 25 of the Code as amended by the Amendment Act of 1976 empowers Supreme Court to transfer any suit, appeal or other proceeding from one High Court to another High Court or from one Civil Court in one State to another Civil Court in any other State throughout the country, if it is satisfied that such an order is expedient in the ends of justice.

Grounds of transfer applicable to Sees. 22, 24 and 25:

(i) Reasonable apprehension in the mind of the litigant that he might not get justice in the Court in which the suit is pending;

(ii) To avoid multiplicity of proceedings or conflicting decisions;

(iii) Where the Judge is interested in one party or biased against the other;

(iv) Where common question of fact and law arise between the parties in two suits;

(v) On the ground of balance of convenience; e.g., where the property is situate or parties or their witnesses reside, or the account books are kept etc.;

(vi) Where two persons have filed suits against each other in different Courts on the same cause of action;

(vii) to avoid delay and unnecessary expenditure;

(viii) Where important questions of law are involved or considerable section of the public is interested in litigation;

(ix) To prevent abuse of proceedings of Court;

(x) Desirability of having only adjudication of a particular controversy.

No appeal shall lie against the orders of transfer. However, it is open to the party to prefer revision provided the conditions for revision are satisfied.