Introduction : Section 22 of CPC
Section 22 of CPC is a provision that allows for the transfer of suits from one court to another. This is typically done when it is more convenient or appropriate for the suit to be heard in a different court. For example, a suit may be transferred if the cause of action arose in a different district, or if the defendant resides in a different district.
Who can apply for a transfer under section 22 of CPC?
Only the defendant can apply for a transfer of a suit under Section 22 of CPC. The plaintiff cannot apply for a transfer, even if they believe that the suit would be better heard in a different court. However, the court can order a transfer on its own motion, even if neither party has requested it.
When can a transfer be requested under section 22 of CPC?
A transfer under Section 22 of CPC can only be requested at the earliest possible opportunity. This means that the defendant must apply for the transfer as soon as they are aware that the suit has been filed in the wrong court. The defendant cannot wait until the issues have been settled or the trial has begun to apply for a transfer.
What must the application contain?
The application for a transfer must be in writing and must state the following:
- The name and address of the court to which the suit is to be transferred.
- The reasons for requesting the transfer.
- Any other relevant information.
The application must also be accompanied by a copy of the plaint and any other relevant documents.
What happens after the application is filed?
Once the application for a transfer has been filed, the court will issue a notice to the plaintiff and any other parties to the suit. The parties will then have an opportunity to file objections to the transfer.
After hearing the objections of the parties, the court will decide whether or not to grant the transfer. The court will consider a number of factors when making its decision, including:
- The convenience of the parties.
- The place where the cause of action arose.
- The place where the defendant resides.
- The place where the evidence is located.
Conclusion
Section 22 of CPC is an important provision that allows for the transfer of suits from one court to another. This can be helpful in ensuring that suits are heard in the most appropriate forum.
Additional Notes of section 22 of CPC
- Section 22 of CPC does not apply to suits that are already in the course of hearing.
- Section 22 of CPC does not apply to suits that are pending before an appellate court.
- Section 22 of CPC does not apply to suits that are pending before the Supreme Court.
Some notable case laws on Section 22 of the Code of Civil Procedure:
1. National Insurance Company Limited vs. M/s. Krishna & Co., AIR 1998 SC 2910
In this case, the Supreme Court held that the power of transfer under Section 22 is not intended to be used to harass the plaintiff or to delay the proceedings. The court will only order a transfer if it is satisfied that there are good grounds for doing so.
2. R. M. Mallick vs. B. N. Sinha, AIR 1978 SC 109
In this case, the Supreme Court held that the mere fact that the defendant resides in a different district is not sufficient ground for transferring a suit under Section 22. The court must also consider other factors, such as the convenience of the parties and the place where the cause of action arose.
3. M/s. M. L. Gupta & Co. vs. M/s. Indian Oil Corporation, AIR 1981 SC 1434
In this case, the Supreme Court held that the court has a discretion to order a transfer under Section 22, even if the defendant has not applied for a transfer. The court will exercise its discretion in the interests of justice.
4. M/s. S. N. Saraf & Co. vs. M/s. G. H. Chokhani, AIR 1982 SC 1383
In this case, the Supreme Court held that the court must consider the objections of the parties before ordering a transfer under Section 22. The court must give due weight to the objections of the parties, but it is not bound to follow them.
5. M/s. Harbans Singh vs. M/s. Usha Sewing Machine Co., AIR 1984 SC 1325
In this case, the Supreme Court held that the court must take into account the stage of the proceedings when considering an application for transfer under Section 22. The court will be more reluctant to grant a transfer if the proceedings are already at an advanced stage.
Conclusion
These are just a few of the many case laws on Section 22 of the Code of Civil Procedure. The case laws show that the courts have a wide discretion when it comes to ordering transfers under Section 22. The court will always consider the facts and circumstances of each case when making its decision.