Introduction

When a plaintiff initiates a lawsuit in their preferred location, as outlined in the Code of Civil Procedure 1908 (CPC), the defendant is required to appear before the Court and submit a written statement, presenting objections to the plaintiff's suit. If the defendant raises concerns related to the court's jurisdiction based on provisions of the CPC, the court must initially address the jurisdictional issue.

• Sections 22 to 25 of CPC deal with the transfer and withdrawal of suits, appeals and other proceedings.

Section 22 of CPC

• This Section deals with the power to transfer suits which may be instituted in more than one Court.
• It states that 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.
• It deals with the right of a defendant to apply for transfer of a suit.
• This section outlines the two essential conditions that must be met before a suit transfer can be initiated:
  • The application for transfer must be made to the Court before the resolution of the issues between the parties in the case.
  • Once the application for transfer has been submitted by one party, notice of this application should be sent to the opposing party.

Section 23 of CPC

• This Section specifies the appropriate Court to which an application for the transfer of a suit should be submitted based on the jurisdiction of the Courts involved. It states that -

(1) Where the several Courts having jurisdiction are subordinate to the same Appellate Court, an application under section 22 shall be made to the Appellate Court.

(2) 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.

(3) 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.

• The provisions of this Section ensure that the application for transfer is directed to the appropriate higher authority, whether it's the same appellate court, the same high court, or a specific high court with jurisdiction over the area where the suit was originally filed.

Section 24 of CPC

• This Section deals with the general power of transfer and withdrawal.
• This section allows for the exercise of the power of transfer by the District Judge or High Court Suo moto, even in the absence of a formal application for transfer from any party involved in the case.
• The transfer should be based on valid and justifiable reasons, taking into account both the law and the specific facts of the case.
• This Section states that-

(1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage—

(a) Transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or

(b) Withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and—

(i) Try or dispose of the same; or

(ii) Transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or

(iii) Retransfer the same for trial or disposal to the Court from which it was withdrawn.

(2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which is thereafter to try or dispose of such suit or proceeding may, subject to any special directions in the case of an order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn.

(3) For the purposes of this section, —

(a) Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court.

(b) Proceeding includes a proceeding for the execution of a decree or order.

(4) The Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes.

(5) A suit or proceeding may be transferred under this section from a Court which has no jurisdiction to try it.

• The power under this Section does not authorize the High Court to transfer any suit, appeal, etc. from a Court Subordinate to that High Court to a Court not subordinate to that High Court.

Section 25 of CPC

• This Section confers the Supreme Court with the authority to transfer suits or proceedings from one state to another state's High Court or Civil Court.
• It states that -

(1) On the application of a party, and after notice to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if satisfied that an order under this section 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.

(2) Every application under this section shall be made by a motion which shall be supported by an affidavit.

(3) The Court to which such suit, appeal or other proceeding is transferred shall, subject to any special directions in the order of transfer, either retry it or proceed from the stage at which it was transferred to it.

(4) In dismissing any application under this section, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum, not exceeding two thousand rupees, as it considers appropriate in the circumstances of the case.

(5) The law applicable to any suit, appeal or other proceeding transferred under this section shall be the law which the Court in which the suit, appeal or other proceeding was originally instituted ought to have applied to such suit, appeal or proceeding.

• This section ensures that the Supreme Court has the authority to intervene and transfer cases when deemed necessary to uphold the principles of justice and fairness.

Sufficient Grounds for Transfer of Suits

• To avoid multiplicity of proceedings or conflicting decisions.
• Reasonable apprehension in the mind of the litigant.
• Where common questions of fact and law arise between the parties.
• Where balance of convenience is required.
• Where transfer avoids delay and unnecessary expenses.
• Where transfer prevents abuse of the process of the Court.
• Where important questions of law are involved.

Insufficient Grounds for Transfer of Suits

• Mere balance of convenience to the applicant.
• Allegation of apprehension against fair trial without furnishing particulars.
• Mere fact that the Court is situated at a long distance from the place of residence of the applicant.
• Mere fact that the judge has decided a similar point in a previous case.