News By/Courtesy: Arya A. Kudchadker | 15 Nov 2020 11:39am IST

HIGHLIGHTS

  • Transfer of suits
  • Transfer of suits
  • Transfer of suits

Transfer of suits

Generally, the suit is presented in court and has the right to be heard in whose local jurisdiction the property in question is located, parties to the indictment or cause arises, but this is never a complete rule. -Some parties may think that if they cannot get justice and justice from a particular court, in such a situation, they can demand to transfer their case from one court to another, it is also appropriate. Because the main function of the court is to provide justice. And if this objective is not fulfilled, then justice has no meaning, that is why sections 22 to 25 of the Code provide for the transfer of promises. The following provisions have been made about it in the Code.

 Section 22. Power to transfer cases which may be instituted in more than one court.

Where it may be prosecuted in one or two courts and in such courts, any defendant shall, after giving information to the other parties, at the earliest opportunity and in all cases in which the disputes become fixed at such time as to stabilize or Which court after determining jurisdiction before several other courts can apply for the transfer of the suit and the court in which such application is made will consider the objections of the other parties (if any) Those who decide will keep it.

Section 23 - In which court to apply -

(1) Where a number of courts are subordinate to the same appeal, an application under section 22 shall be made to the court.

(2) Where such courts are subordinate to the same High Court, despite being subject to various Appellate Courts, application shall be made to the said High Court.

(3) Where such court is subordinate to the various High Courts, application shall be made to the court in which the court is situated within the local limits of jurisdiction.

Section 24 - Simple power of transfer and withdrawal

(1) After the application of any party and after giving information to the parties and for the hearing of those who are willing to hear or be prepared without such information, it shall in any process proceed to the High Court or the District Court. Do not sue -

(A) transfer any suit of appeal or other proceeding pending before him for consideration or settlement to any court subordinate who is competent to consider or dispose of it; or

(B) withdraw any appeal appeal or other proceedings pending in any court subordinate to an

(1) may consider or dispose of it or

(2) transfer for trial or disposal to any court subordinate who is competent to attempt or dispose of it; or

(3) For litigation or settlement, he may transfer the suffix to the same court from which he was withdrawn.

(2) Where the transfer or withdrawal of any suit or proceeding has been made under sub-section (1), the court which is to consider or settle the cause of such suit and subject to the specific instruction given in the transfer order is; Then he will be able to revisit it or take further action from the process from where his transfer or withdrawal took place.

(3) For the purposes of this section, -

(A) Courts of Additional and Assistant Judges shall be considered subordinate to the District Court.

(B) "Proceedings" also include proceedings for the execution of a decree or order.

(4) A court transferring or anticipating any suit under this section shall be deemed to be a court of small cause for the purpose of such litigation.

(5) Any suit or proceeding may be transferred under that section from the court from which there is no jurisdiction to try it. [Inserted by Act No. 104 of 1976 (1/2/1977)]

(25) Power of Supreme Court for transfer of promises etc. -

(1) On the application of a party and after notifying the parties and after hearing those who are willing to listen to them, if at any stage the Supreme Court has resolved to get justice under this section, if If the order is expedient, it may direct that no suit of appeal or proceeding may be transferred to any High Court of any State or to any High Court or other Civil Court of any other State.

(2) Every application under this section shall be included and there shall be an affidavit in ratification.

(3) The court to which such appeal or other proceeding is transferred shall be subject to the special instructions given in the transfer order, reissue it or proceed from the process in which it was transferred.

 

(4) If the application is rejected under this section, if the Supreme Court is of the opinion that the application was trivial or disturbing, it may order the applicant that the person who applied the application as compensation Has paid, do not pay more than 2000, the court deems appropriate in the circumstances of the case.

(5) The law applicable to an appeal or other action transferred under this section shall be the law which.

The above provisions have been provided in the Code in relation to the transfer of promises, the principles on which they have been arranged are the main-

"Justice should not only be done but it should also appear that justice has been done."

If a party feels that the court is exercising undue power and misusing its discretion, then such cases are eligible to be transferred.

          Transfers require solid bases. It does not seem appropriate to transfer a case in the spirit, but if a judge wants to transfer it for a reasonable reason, it can be transferred.

         Where two different suits on the same and the same plea are under consideration before the District Court and the Civil Court, is it fully justified by the District Court to transfer the suit from the Civil Judge to the suit from here.

     On submission of such an application, the appellate court or the High Court will first consider the objections raised by the other party car and after considering it, it will determine which of the several courts having jurisdiction will proceed in the suit.

Section 24 Provides general powers to transfer High Court and District Court on any application and after giving information to other parties or suo motu any suit appeal or other proceeding pending before it for trial or settlement to any court subordinate to it Does. Not only this, he will examine or settle the suit himself or withdraw the appeal or other action, or he can again send it to any court subordinate to him for trial or settlement.

 

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. 

Section Editor: Pushpit Singh | 15 Nov 2020 18:22pm IST


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