Transfer Of Suits Flashcards
What does the Code of Civil Procedure (CPC), 1908 provide rules for?
The CPC provides rules for the transfer of suits to ensure fair trials and avoid inconvenience to parties.
Where can the relevant provisions for the transfer of suits be found in the CPC?
The relevant provisions are found in Sections 22 to 25 of the CPC.
What is Section 22 of the CPC about?
Section 22 allows the defendant to apply for a transfer to a more convenient court if a case is filed in multiple courts having jurisdiction.
The application must be made at the earliest stage before trial begins.
What does Section 23 of the CPC state about the power of the court to transfer suits?
Section 23 states that the High Court or District Court can decide which court will hear the case if multiple courts have jurisdiction.
The application for transfer is made to the High Court if the courts involved are under different District Courts, and to the District Court if they are under the same district.
What does Section 24 of the CPC allow regarding the transfer of suits?
Section 24 allows a District Court or High Court to transfer any suit, appeal, or proceeding from one court to another under its jurisdiction or to itself for hearing.
This can be done suo motu or on the application of a party, with grounds including convenience of parties, avoiding bias, or ensuring a fair trial.
What powers does Section 25 of the CPC grant to the Supreme Court?
Section 25 grants the Supreme Court the power to transfer any suit, appeal, or proceeding from one High Court to another or from one state to another.
Transfer may be granted in the interest of justice or convenience of parties.
How is the application for transfer made to the Supreme Court?
The application for transfer is made to the Supreme Court, and its decision is final.
