Whether Suits can be transferred or not Section 22 to Section 25.
Section 22 – Power to Transfer Suits which may be Instituted in more than one Court:-
- To transfer the Suit, it is the discretion of the court but not the right of the applicant.
- There must be sufficient causes to transfer the suit.
Section 23:- To What Court Application Lies:- Application should be filed where the suit is field:
- Within the district transfer of the Suit. Intra-District-Forum;
- Intra-State or Intra District Transfer. Transfer of Suit from one district to another district the application should be made to the Appellate High Court.
- Where the Suit is instituted and where the transferred suit is in two different states. The application should be made in High Court where the Suit is already instituted.
Section 24:- General Powers Of Transfer And Withdrawal:-
THE TRANSFER CAN BE MADE BY TWO WAYS:-
- In Case of application the notice is given to the other party and after bearing the other party the decision is given.
- By Suo-Motto- No Notice should be given.
THE MATTERS CAN BE TRANSFERRED:-
- Lower court to another lower court;
- One lower court to another lower court;
- From that lower court to again High Court.
Example:- ‘X’ files a Civil Suit on ‘Y’ in a Court of Senior Civil Judge on 5,05,000/- Rs. This suit was dismissed on Merits. And ‘X’ went on appeal to High Court again transferred the Suit to District Court.
- After 1976 Amendment, execution- proceeding is incorporated. Section 24(3)(b);
- District Court cannot transfer matter to High Court.
Section 24- Confers wide powers to High Court and District Court.
Section 25:- Power Of Supreme Court To Transfer Suits, etc..
This Section was Amended in 1976:-
- Except the Section 23(3), the power to transfer the suits, appeals etc.. to the Inter-state the case come under Supreme Court. Inter-state transfer can be carried out.
- On an application of any of the parties the transfer can be made.
- But Suo Motto is available to Supreme Court or not??
It is implied.
- Where the transfer application is found to be vicious, the Supreme Court diverts the party to pay 2,000/- Rs. Not exceeding. But, this power is not available to High Court. The power to Supreme Court is Legislative Power.
WHEN THERE CAN BE A TRANSFER APPLICATION?
A case can be transferred on the ground of – when there is form of non-convince.
ON WHAT GROUND IT IS NOT CONVIENT?
It should be proved and on this basis transfer can be made.