PCS (J) Notes: CPC, Preliminary Topics, Transfer of a suit

CHAPTER 5 PRELIMINARY TOPICS

Ch. 5.1. Pleadings : (Click on the link to read about Pleadings)

Ch. 5.1.1. Plaint: (Click on the link to read about Pleadings)

Ch.5.1.2. WRITTEN STATEMENT (Click on the link to read about Pleadings)

(0rder. 32 Rule 1 to 16) Suit by a Minor : (Click on the link to read about Pleadings)     

Ch. 5.3 (Order. 2 Rule. 23)  Parties to the Suit (Click on the link to read about Pleadings) 

Ch 5.5 Issue of Summons and delivery (Click on the link to read about Pleadings)   

Ch 5.6 .1 Exparte proceedings  Rule 6 : 

Death of a party (Order 22 : Rules 1 to 12) 

Transfer of a suit (Sections. 22-25):

Sn. 22: C.P.C.: The general principle is that the plaintiff has a right to choose his own forum. However, if the suit is one which can be instituted in two or more courts and the plaintiff has instituted in one of them, the defendant, may make an application to the appellate court, to have the suit transferred to another court. He should give notice to the plaintiff before making the application. The time of making application is at the earliest opportunity and before such settlement of issues.

The appellate court shall consider the objections of the parties and examine the totality of circumstances which indicate to the balance of convenience in favour of the applicant and decides in which court the suit should proceed.

The application lies to the Appellate court, when several courts are under its jurisdiction. But, if those courts are subordinate to several appellate courts, application should be made to the High Court to which the appellate courts are subordinate.

Section. 24 : General power of transfer :

The High Court or District Court on motion by any party – but with notice and after hearing the parties or suo moto, at any stage, may transfer any suit, appeal or other proceeding pending before it to any competent court to try or dispose of.

It.has the powers to withdraw any suit, appeal or proceeding pending in any court subordinate to it, and may try and dispose of or may. transfer to the competent court to dispose of the same.

The grounds of transfer should be sufficient and the burden is on the applicant. If he has a genuine apprehension that he would not get justice from the court, or if transfer would be “convenient” to the parties and “would be cheap” – or if the balance of convenience was in favour of transfer – the court may, if satisfied with the reasons, transfer the suit.

Section. 25 powers of Supreme Court:

On application filed with affidavit by a party before the Supreme Court, the Court after giving notice and hearing parties may make an order for transfer, if such an order would be necessary for the ends of justice. It may transfer any suit, appeal or proceeding from a High Court or Civil Court of a State, to another High Court or Civil Court.

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