Section 25 of CPC : Transfer of Suits Between High Courts
Who Can Apply for Transfer Section 25 of CPC?
Any party to the suit, including the plaintiff, defendant, or any other person interested in the proceedings, can apply for the transfer of a suit under Section 25 of CPC. The application must be made to the Supreme Court in writing and must state the grounds for the application. The application must also be accompanied by a copy of the plaint and any other relevant documents.
Grounds for Transfer Section 25 of CPC
The Supreme Court will consider a variety of factors when deciding whether or not to grant an application for transfer under Section 25 of CPC. These factors may include:
- Bias: If there is a reasonable apprehension that the High Court where the suit is pending is biased against one of the parties, the Supreme Court may order the transfer of the suit to another High Court.
- Convenience of parties: If the suit can be more conveniently tried or disposed of in another High Court, the Supreme Court may order its transfer. For instance, if the majority of witnesses reside in a different state, the Supreme Court may transfer the suit to that state.
- Conflict of laws: If the laws of the state where the suit is pending are different from the laws of the state where the cause of action arose, the Supreme Court may order the transfer of the suit to a High Court in the state where the cause of action arose.
- Other just and reasonable grounds: The Supreme Court may also consider other just and reasonable grounds for transferring a suit under Section 25 of CPC.
Procedure for Transfer Section 25 of CPC
The application for transfer under Section 25 of CPC must be made to the Supreme Court in writing. The application must state the grounds for the application and must be accompanied by a copy of the plaint and any other relevant documents.
The Supreme Court will issue notice to the other parties to the suit and give them an opportunity to object to the transfer. After hearing the parties, the Supreme Court will decide whether or not to grant the application.
Effect of Transfer
If the Supreme Court orders the transfer of a suit under Section 25 of CPC, the suit will be transferred to the High Court specified in the order, and the transferee High Court will proceed with the suit from the stage at which it was transferred.
Conclusion Section 25 of CPC
Section 25 of CPC provides a valuable mechanism for ensuring that suits are tried or disposed of in a fair and impartial manner. The power to transfer suits between High Courts allows the Supreme Court to correct any errors in jurisdiction or to prevent injustice due to bias or other factors.
Additional Notes
- The Supreme Court cannot order the transfer of a suit under Section 25 of CPC on its own motion. The court must have a valid application before it from one of the parties to the suit.
- The Supreme Court cannot order the transfer of a suit under Section 25 of CPC if the proceedings in the suit have already concluded.
- The Supreme Court cannot order the transfer of a suit under Section 25 of CPC if the parties to the suit agree that the suit should not be transferred.