What Does “Transfer of Case” Mean?
The transfer of a case means moving a legal proceeding from one court to another. This can be done to ensure justice, convenience of parties, or due to lack of jurisdiction. The CPC provides specific provisions for such transfers.
Legal Provisions for Transfer
The transfer of civil cases is primarily governed by:
| Provision | Authority | Power To Transfer |
|---|---|---|
| Section 22 | Plaintiff (on defendant’s application) | Transfer of suit to another competent court |
| Section 23 | High Court / District Court | Authority depends on where the courts are located |
| Section 24 | High Court or District Court (suo motu or on application) | General power to transfer or withdraw any suit |
| Section 25 | Supreme Court | Transfer from one state’s court to another state’s court |
Who Can Apply for Transfer?
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Any party to the suit
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Court itself (suo motu in some cases)
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Higher courts when it’s in the interest of justice
Grounds for Transfer of Cases
Transfer is not automatic. Courts consider the following grounds:
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Convenience of parties or witnesses
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Possibility of impartial trial
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Risk to life, property, or safety
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Interest of justice
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Bias or apprehension of bias from the presiding judge
Important Differences: Section 24 vs Section 25
| Feature | Section 24 | Section 25 |
|---|---|---|
| Who Can Transfer | High Court or District Court | Supreme Court |
| Scope | Within the same state | Between different states |
| Mode | Suo motu or on application | Only on application |
| Purpose | Administrative & Judicial | Exceptional and judicial |
Illustration
A suit filed in District Court, Kanpur may be transferred to District Court, Lucknow if:
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Key witnesses are in Lucknow
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Defendant resides in Lucknow
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Court finds it just and convenient.
However, if the case is to be moved from Uttar Pradesh to Maharashtra, only the Supreme Court under Section 25 can authorize that.