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The Code of Civil Procedure, 1908: page 43

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 43, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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   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.
    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                    (iii) retransfer the same for trial or disposal to the Court from which it was withdrawn.
   (2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court
                                                                                     e
which 1[is thereafter to try or dispose of such suit or proceeding] may, subject to any special directions in the
                                                                             od
case of an order of transfer, either retry it or proceed from the point at which it was transferred or
withdrawn.
    2
     [(3) For the purposes of this section,—
                                                                       aC
                                                                di
                (a) Courts of Additional and Assistant Judges shall be deemed to be subordinate to the
            District Court;
                                                           In
                (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.
    3
     [(5) A suit or proceeding may be transferred under this section from a Court which has no jurisdiction
to try it.]
    4
      [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 any 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.]

1. Subs. by Act 104 of 1976, s. 10, for “thereafter tries such suit” (w.e.f. 1-2-1977).
2. Subs. by s. 10, ibid., for sub-section (3) (w.e.f. 1-2-1977).
3. Ins. by s. 10, ibid. (w.e.f. 1-2-1977).
4. Subs. by s. 11, ibid., for s. 25 (w.e.f. 1-2-1977).


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