The law related to transfer of suits in Code of Civil Procedure 1908
The Code of Civil Procedure, 1908 (CPC) is an important legislation in India that governs the procedural aspects of civil litigation. The CPC provides provisions regarding the transfer of suits from one court to another. Specifically, Section 22 to Section 25 of the CPC deal with the transfer of suits. Here’s an overview of these sections:
- Section 22: Section 22 of the CPC deals with the cases where the court lacks jurisdiction. It states that if a suit is filed in a court that does not have the jurisdiction to hear it, the court may, either on its own or upon an application by a party, transfer the suit to the court having the requisite jurisdiction.
- Section 23: Section 23 of the CPC deals with the transfer of a suit on the ground of inconvenience. It provides that a court, either on its own or upon an application by a party, may transfer a suit to another court if it appears that there are reasonable grounds for believing that the trial of the suit would be more convenient and just if held in a different court.
- Section 24: Section 24 of the CPC deals with the transfer of a suit on the ground of the existence of a substantial question of law. It allows the Supreme Court or a High Court to transfer a suit from one court to another if it involves a substantial question of law, and the transfer is necessary for the proper administration of justice.
- Section 25: Section 25 of the CPC deals with the power of the Supreme Court to transfer suits. It provides that the Supreme Court may, on its own motion or on an application by a party, transfer any suit, appeal, or other proceedings from one High Court to another High Court or from a civil court subordinate to one High Court to another civil court subordinate to a different High Court.
These provisions of the CPC give the courts the power to transfer suits in situations where the court lacks jurisdiction, for the convenience of the parties, or if there are substantial questions of law involved. The transfer of suits aims to ensure that cases are heard in the appropriate forum and that the ends of justice are served.
It’s important to consult the specific provisions of the Code of Civil Procedure, 1908, as well as any applicable rules and regulations in your jurisdiction, for a detailed understanding of the law related to the transfer of suits.
Advocate: J.S. Rohilla
Call: 88271 22304