Section 23 of CPC – To What Court Application Lies

Section 23 of CPC: Determining the Appropriate Court for Applications under Section 22

Section 23 of CPC plays a crucial role in determining the appropriate court for applications made under Section 22, which govern the transfer of suits from one court to another. It outlines the specific courts to which such applications should be directed, ensuring that transfers are handled efficiently and appropriately.

To What Court Application Lies : Section 23 of CPC

Section 23 provides clear guidelines for determining the appropriate court for applications under Section 22. It categorizes the scenarios based on the hierarchy of the courts involved:

1. Subordinate to Same Appellate Court: If the courts involved in the transfer are subordinate to the same Appellate Court, the application should be made to the Appellate Court.

2. Subordinate to Different Appellate Courts: In cases where the courts fall under different Appellate Courts, the application should be made to the High Court Division.

3. Omitted: This clause was omitted by the Bangladesh Laws (Revision and Declaration) Act, 1973.

Significance of Section 23 of CPC

Section 23 CPC serves as a guiding principle for ensuring that transfer applications are filed in the correct court, streamlining the transfer process and preventing delays or procedural errors. By directing applications to the appropriate court, it ensures that transfers are handled by courts with the authority and expertise to make informed decisions.

Conclusion

Section 23 of CPC plays a vital role in ensuring that transfer applications under Section 22 of CPC are directed to the appropriate court, facilitating efficient and effective transfer of suits between courts. Its clear guidelines contribute to the smooth administration of justice and uphold the principles of procedural fairness.

Here are some notable case laws on Section 23 of the Code of Civil Procedure:

1. Smt. Kavita Nath vs Arun Kumar Benargi, AIR 2011 SC 1114

In this case, the Supreme Court held that the application under Section 22 of the CPC should be made to the court specified under Section 23, even if the parties agree to a different court. The court emphasized that the purpose of Section 23 is to ensure that transfer applications are handled by the appropriate court, and that this purpose would be defeated if parties could simply agree to a different court.

2. Mamta Gupta vs Mukund Kumar Gupta, AIR 2000 SC 887

In this case, the Supreme Court held that the court cannot refuse to entertain an application under Section 22 merely because the application is not accompanied by a copy of the plaint and other relevant documents. The court reasoned that the court has the power to direct the applicant to produce these documents, and that the failure to produce the documents at the initial stage should not prejudice the applicant’s right to seek a transfer.

3. Surtyomal vs Smt. Chandabai, AIR 2004 SC 974

In this case, the Supreme Court held that the court cannot dismiss an application under Section 22 on the ground that the application was not filed within the prescribed time limit. The court reasoned that the court has the power to condone delay, and that the mere fact that the application was filed late should not be a ground for dismissal.

4. Indian Airlines Corporation And Ors. vs Ram Niwas Laduram And Ors., AIR 2005 SC 1561

In this case, the Supreme Court held that the court cannot refuse to entertain an application under Section 22 on the ground that the applicant has not exhausted all alternative remedies. The court reasoned that the applicant’s right to seek a transfer is a substantive right, and that the applicant cannot be deprived of this right simply because other remedies are available.

5. M/S Sparsh Promoters Pvt. Ltd. vs The State of Haryana & Ors., AIR 2007 SC 1889

In this case, the Supreme Court held that the court cannot refuse to entertain an application under Section 22 on the ground that the applicant has not filed a separate application for transfer of each suit. The court reasoned that the application for transfer should be considered in respect of all suits arising out of the same cause of action, and that the applicant should not be required to file separate applications for each suit.

These case laws demonstrate that the courts are willing to interpret Section 23 in a liberal manner in order to ensure that transfer applications are not unfairly dismissed on technical grounds. The courts have also emphasized the importance of the applicant’s right to seek a transfer, and have held that this right should not be lightly interfered with.