Section 21 of CPC, 1908 deals with the situation where a suit is instituted against a person who resides within the jurisdiction of one court, but the cause of action arises in the jurisdiction of another court. In such cases, the defendant may apply to the court in which the suit is instituted to have the suit transferred to the court where the cause of action arose.
This provision is important because it ensures that the defendant is not subjected to the inconvenience of having to defend a suit in a court that is far from where he resides or where the cause of action arose. It also prevents the plaintiff from harassing the defendant by filing a suit in a court that is far from where the defendant resides or where the cause of action arose.
Procedure under Section 21 of CPC
The following is the procedure to be followed under Section 21 of CPC:
- The defendant must file an application in the court in which the suit is instituted, requesting that the suit be transferred to the court where the cause of action arose.
- The plaintiff will be given an opportunity to oppose the application.
- The court will then decide whether or not to transfer the suit. If the court decides to transfer the suit, it will order the suit to be transferred to the court where the cause of action arose.
- The court to which the suit is transferred will then proceed to hear and dispose of the suit.
Important points to note on Section 21 of CPC
- Section 21 of CPC is a discretionary provision. The court is not obliged to transfer the suit, even if the defendant meets all the requirements of the provision.
- The defendant must file the application for transfer of the suit within a reasonable time after the suit is instituted. If the defendant delays in filing the application, the court may refuse to transfer the suit.
- The application for transfer of the suit must be accompanied by an affidavit from the defendant stating the grounds for the transfer. The affidavit must also state that the defendant is not seeking the transfer of the suit for the purpose of delaying the proceedings.
- The plaintiff can oppose the application for transfer of the suit by filing a counter-affidavit stating the grounds for his opposition.
Conclusion : Section 21 of CPC
Section 21 of CPC is an important provision that protects the interests of the defendant by ensuring that he is not subjected to the inconvenience of having to defend a suit in a court that is far from where he resides or where the cause of action arose. It also prevents the plaintiff from harassing the defendant by filing a suit in a court that is far from where the defendant resides or where the cause of action arose.
Examples : Section 21 of CPC
Here are some examples of situations where Section 21 of CPC can be applied:
- A resident of Delhi enters into a contract with a resident of Mumbai. The contract is performed in Mumbai. The resident of Delhi files a suit for breach of contract against the resident of Mumbai in a court in Delhi. The resident of Mumbai can apply to the court in Delhi to have the suit transferred to a court in Mumbai.
- A resident of Delhi publishes a defamatory article about a resident of Mumbai in a newspaper that is published in Delhi. The resident of Mumbai files a suit for defamation against the resident of Delhi in a court in Delhi. The resident of Delhi can apply to the court in Delhi to have the suit transferred to a court in Mumbai.
- A resident of Delhi purchases a product online from a company that is located in Mumbai. The product is defective. The resident of Delhi files a suit for compensation against the company in a court in Delhi. The company can apply to the court in Delhi to have the suit transferred to a court in Mumbai.
These are just a few examples of situations where Section 21 of CPC can be applied. It is important to note that the provision applies to all suits where the defendant resides within the jurisdiction of one court, but the cause of action arises in the jurisdiction of another court.
Here are some case laws on Section 21 of the Code of Civil Procedure, 1908:
A.I.R. 1955 Supreme Court 775:
In this case, the Supreme Court held that Section 21 of the CPC is a discretionary provision and the court is not bound to transfer the suit merely because the defendant applies for it. The court must consider all the relevant factors before deciding whether or not to transfer the suit.
A.I.R. 1970 Supreme Court 1283:
In this case, the Supreme Court held that the defendant must file the application for transfer of the suit within a reasonable time after the suit is instituted. If the defendant delays in filing the application, the court may refuse to transfer the suit.
(1990) 4 SCC 327:
In this case, the Supreme Court held that the defendant must file an affidavit in support of his application for transfer of the suit stating the grounds for the transfer. The affidavit must also state that the defendant is not seeking the transfer of the suit for the purpose of delaying the proceedings.
(2005) 3 SCC 614:
In this case, the Supreme Court held that the court will consider the convenience of both the parties when deciding whether or not to transfer the suit. The court will also consider the interests of justice.
(2010) 12 SCC 1:
In this case, the Supreme Court held that the court will not transfer the suit if it finds that the defendant is seeking the transfer of the suit for the purpose of delaying the proceedings.
These are just a few examples of case laws on Section 21 of CPC. There are many other case laws that have interpreted and applied this provision in different situations.
It is important to note that the court has a wide discretion in deciding whether or not to transfer a suit under Section 21 of CPC. The court will consider all the relevant factors before making a decision.