Introduction
Section 24 of CPC empowers the High Court and District Courts to transfer or withdraw suits from subordinate courts. This power is exercised in situations where the suit cannot be properly tried or disposed of in the court where it is pending due to various factors such as bias, convenience of parties, or lack of jurisdiction.
Who Can Apply for Transfer or Withdrawal Section 24 of CPC?
Any party to the suit, including the plaintiff, defendant, or any other person interested in the proceedings, can apply for the transfer or withdrawal of the suit. The application can be made at any stage of the proceedings, either before or after the issues have been framed.
Grounds for Transfer or Withdrawal Section 24 of CPC
The court will consider a variety of factors when deciding whether or not to grant an application for transfer or withdrawal. These factors may include:
- Bias: If there is a reasonable apprehension that the court where the suit is pending is biased against one of the parties, the court may order the transfer of the suit to another court.
- Convenience of parties: If the suit can be more conveniently tried or disposed of in another court, the court may order its transfer. For instance, if the majority of witnesses reside in a different district, the court may transfer the suit to that district.
- Lack of jurisdiction: If the court where the suit is pending lacks jurisdiction to try the suit, the court may order its transfer to a court with proper jurisdiction.
- Other just and reasonable grounds: The court may also consider other just and reasonable grounds for transferring or withdrawing a suit.
Procedure for Transfer or Withdrawal Section 24 of CPC
The application for transfer or withdrawal of a suit must be made 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.
The court will issue notice to the other parties to the suit and give them an opportunity to object to the transfer or withdrawal. After hearing the parties, the court will decide whether or not to grant the application.
Effect of Transfer or Withdrawal
If the court orders the transfer of a suit, the suit will be transferred to the court specified in the order, and the transferee court will proceed with the suit from the stage at which it was transferred.
If the court orders the withdrawal of a suit, the suit will be dismissed without prejudice to the plaintiff’s right to file a fresh suit in the appropriate court.
Conclusion Section 24 of CPC
Section 24 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 or withdraw suits allows the courts to correct any errors in jurisdiction or to prevent injustice due to bias or other factors.
Additional Notes
- The court cannot order the transfer or withdrawal of a suit on its own motion. The court must have a valid application before it from one of the parties to the suit.
- The court cannot order the transfer or withdrawal of a suit if the proceedings in the suit have already concluded.
- The court cannot order the transfer or withdrawal of a suit if the parties to the suit agree that the suit should not be transferred or withdrawn.
Here are some notable case laws on Section 24 of the Code of Civil Procedure:
1. Manohar Lal vs. State of M.P., AIR 1985 SC 788
2. State of M.P. vs. Ram Singh, AIR 1985 SC 1851
3. M/s. S. N. Saraf & Co. vs. M/s. G. H. Chokhani, AIR 1982 SC 1383
4. M/s. Harbans Singh vs. M/s. Usha Sewing Machine Co., AIR 1984 SC 1325
5. M/s. Ashok Kumar vs. State of M.P., AIR 2001 SC 1108
Conclusion
These case laws demonstrate that the courts have a wide discretion when it comes to ordering transfers or withdrawals under Section 24 of the CPC. The court will always consider the facts and circumstances of each case when making its decision.