Discuss the law relating to the transfer of suits.

Question: Discuss the law relating to the transfer of suits. [JK.J. 2014]

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Answer

Section 22 to 25 provide for the transfer of cases from one Court to other. For this purpose, Section 22 states that the defendant has to apply to the Appellate court or to High Court at the earliest possible opportunity and in all cases where issues are settled, at or before the settlement of issues. The defendant is to make this application after notice to the other party, the Appellate court or the High court shall determine in which of the several courts having jurisdiction suit shall proceed.

Section 23 gives the rules to determine as to which court, the application lies. It states –

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 situate.

Section 24 confers general power on the High Court and the district court to transfer on an application of any party and after notice to the other parties or on its own motion any suit, appeal or other proceeding to it, or it may withdraw the suit, appeal or other proceeding to itself and

1. try or dispose of the same, or
2. transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or
3. retransfer the same for trial or disposal to the Court from which it was withdrawn.

In MV Ganesh Prasad v. M.L. Vasudevamurthy, AIR 2003, Kant 39, certain important propositions were summed up as below:

1. Petition to District Judge for transfer of suit pending in trial court, if rejected, this order is revisable. Provisio to section 115 is not attracted.
2. Bias of the presiding officer is a valid ground for seeking transfer.
3. The apprehension of bias on the part of a litigant should be bona fide. Reasonable apprehension can be the basis to order transfer of the pending case in the exercise of the power under section 24 of the Code.

Section 25 lays down the power of the Supreme Court of India to transfer suits etc. Under this section, the Supreme court has the power to transfer suit. When an application is preferred by a party to a suit, appeal or other proceeding in a High court or civil court in one state and after notice to the parties and after hearing them, the Supreme court may at any stage, if satisfied, direct transfer of such suit, appeal or proceeding.

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