Section 22 – Section 25

Lesson - 12
 Introduction
 Sections 22 to 25 are related to transfer and
withdrawal of suits and appeals from one
court to another court.
 While, section 22 and section 23 permit the
defendant to apply for transfer of a suit
 Section 24 empowers High Court and
District Court to transfer of a suit either upon
application
 Section 25 empowers Supreme Court to
transfer any suit or appeal either upon
application made by the party orSuo motu.
 Object
• When a suit has been filed by one party means by
plaintiff, it is found by his choice, the other party
that is the defendant has different options either
to accept the place of suing and file the written
statement or to file the application for the transfer
of the suit in case if he is not satisfied with the
place of suing.
• If the defendant does not accept the place of
suing, the court cannot start with the proceedings,
yet the court may reject the application for the
same and the defendant has to accept it.
 Transfer of Suit
To what court Power of
General Power
Who may Apply Application Supreme Court
Of Transfer
(Section 22) Lies to Transfer
(Section 24)
(Section 23) (Section 25)

District Court
Defendant and
High Court
 Scope of Section 22
It provides that the defendant may apply to the court
for transfer of suit to another court if a suit may be
instituted in any one of two or more courts.
But following conditions must be satisfied before
ordering for transfer:
1) Notice is given to the other party.
2) The application must be made at earliest possible
opportunity either at before or settlement of issues.
If the issues have already been determined and the
applicant cannot come before the Court for transfer
of case, the applicant will have no remedy under the
provisions of Civil Procedure Code.
 Notice

According to section 22 of Civil Procedure Code, it is

mandatory to mention the time and give the notice
of the application. Under the provisions of this
section, notice of the application must be given to
each and every party of the suit and the court before
it is made. But, it has been held that the defect could
be cured by notice on the application itself. But an
order of transfer without notice is without
jurisdiction.
• 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.
 Scope of Section 23
This Section indicates in which court application can be made:
1. 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.
2. Subordinate to different Appellate Court- Where such courts are
subordinate to different Appellate Court, but to the same High Court,
the application shall be made to the said High Court.
3. 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 proceedings first commenced is situated. This is called First
Commencement Rule.
Governing factor as to rule to transfer of an application under Sections
22 & 23.
1. Balance of convenience is a factor to be look into.
2. Prior notice to the parties i.e. served notice to the parties and it is
based on principle of natural justice.
Cases where transfer is not allowed

1.Where there is mere balance of convenience to

the applicant.
2.Where judges give the opinion in advance about
the judgment of case. 
3.Where there is mere facts of an erroneous order.
4.Where claim is that the opposite party is an
influential man in the locality. 
5.Where a claim that the court is situated at a long
distance from the residence of the applicant.
 Case Law
• In Mamta Gupta v. Mukund Kumar Gupta, (2000)
both the suits filed by the respondent husband were
pending in the file of Family Court at Hyderabad
which is subordinate to the High Court of Andhra
Pradesh and the petitioner wife seeks both the suits
to be transferred to a subordinate Court i.e., Family
Court, Indore which is subordinate to the High Court
of Madhya Pradesh. It was stated that when once
the petitioner did not state that Indore Court has
jurisdiction to entertain the application, these
considerations would not come into play. Under
these circumstances, court did not find any merit in
the petition and it was accordingly dismissed.
 Scope of Section 24
GENERAL POWER OF TRANSFER AND WITHDRAWAL
Section 24 states general power of High Court and District Court
for transfer and withdrawal of civil suits.
1. A suit can be transferred or withdrawn at any stage either on
the application of either party after notice to the parties and
after hearing as desired to be heard or suo motu, without
such notice. The court will order for such transfer or
withdrawal after notice and hearing of both the parties.
2. The court can transfer any suit, appeal or proceedings
pending before it for trial or disposal to subordinate court.
3. The court can withdraw pending suit, appeal or proceedings
in any subordinate court and try or dispose of the same, or
transfer the same for trial or disposal to any subordinate
court or can re-transfer the same to the court from where it
was transfer or withdrawn.
Effect of Transfer or Withdrawal
Sub-Sec (2) of Section 24 states in case of
transfer or withdrawal, the court may
either re-tried or proceed from the point
from where it was transfer or withdrawn.
• The proceeding under Section 24 also
includes execution proceedings.
 Case Laws
• In Durgesh Sharma v. Jayshree (2008), the Supreme
Court held that the power under Section 24 does not
authorize a 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 under Section 23(4)
or Section 24.
• In M.V. Ganesh Prasad v. M.L. Vasudevamurthy (2003),
the Court observed that the apprehension of bias in the
mind of the petitioner seeking for transfer of a case
should be reasonable and bona fide otherwise the
transfer application would be rejected. It is very
necessary for the court to examine the argument in
support of an application seeking for transfer made
under Section 24 of CPC objectively, impassionate and
in the totality of the circumstances.
 Case Law
• In Nahar Industrial Enterprises Ltd. v. Hong
Kong and Shanghai Banking Corporation (2009)
, the Apex Court held that “Only Civil suits are
subject matter of Inter-State transfer from one
civil court to another civil court. Sub-Section (5)
of Section 24 of CPC provides that a suit or
proceeding may be transferred from a court
which has no jurisdiction to try it. The power to
transfer one case from one court to another or
from one tribunal to another is to be exercised
only if an exceptional situation arises and not
otherwise. Rules of procedures are intended to
provide justice and not to defeat it.”
 Scope of Section 25
• Section 25: Power of Supreme Court to transfer Suits,
etc-
1. on the application of a party supported by an affidavit,
2. after notice, and
3. after hearing such of them as desire to be heard
4. may at any stage of the suit, transfer any suit, appeal
or other proceedings from one Civil Court or High
Court of one state to another Civil Court or High Court
of another state if it is useful for the ends of justice.
The Supreme Court may also dismiss a frivolous or
vexatious application and impose penalty of a sum
upto Rs. 2000.
 Grounds for transferring the case

• The power of transfer must be exercised with extreme caution

and caution and in the interest of justice. The court while
deciding the question must bear in mind two conflicting interests:
(i) as a dominus litis the right of the plaintiff to choose his own
forum,
(ii) the power and duty of the court to assure fair trial and
dispensation of justice.
• In Indian Overseas Bank v. Chemical Construction (1979), it was
held that balance of convenience is prima facie consideration for
transfer of a suit. Balance of convenience is neither convenience
of plaintiff alone nor of the defendant alone, but of both.
Convenience of witness required for proper trial of the suit, and
the convenience of the particular place of trial having regard to
the nature of the evidence on main points involved in the suit and
doctrine of forum convenience are relevant factors.
 Section 22
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.
 Section 23
To what Court application lies.—(I) 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
situate.
 Section 24
24. General power of transfer and withdrawal.—(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.
 Section 25
Power of Supreme Court to transfer suits, etc.—(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 an 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.
Thank You