Transfer of Cases under CPC
Transfer of Cases under the Code of Civil Procedure (CPC)
Overview:
The transfer of cases under the CPC refers to the process by which a case pending before one court is transferred to another court for trial or disposal. The transfer mechanism is designed to ensure fair trial, avoid duplication of proceedings, prevent abuse of process, and administer justice effectively.
The transfer provisions are primarily contained in Section 22 and Section 24 of the Code of Civil Procedure, 1908, and are supplemented by inherent powers of the Supreme Court and High Courts under Articles 142 and 226 of the Constitution of India.
Key Provisions:
1. Section 22 CPC – Transfer of Cases from One Court to Another Court Within the Same State
Scope: Section 22 allows the High Court or the District Judge, in the interest of justice, to transfer any suit, appeal, or other proceedings pending before a subordinate court to another subordinate court within the same state.
Purpose: To ensure convenience, avoid multiplicity of proceedings, or remove inconvenience or danger of injustice.
Application: Typically invoked when the parties agree or where there is a likelihood of bias or inconvenience.
2. Section 24 CPC – Transfer of Cases from One State to Another State
Scope: Section 24 empowers the Supreme Court or a High Court to transfer any suit, appeal, or other proceedings pending in a court in one state to a court in another state.
Purpose: To facilitate the ends of justice, including avoiding multiplicity of proceedings, preventing injustice, or when it is expedient to try the case at a different place.
Application: Invoked in cases involving parties from different states, or where the trial is inconvenient or prejudicial in the original court.
Procedure for Transfer:
The application for transfer can be made by any party or the court itself can suo moto transfer a case.
The court considering the transfer examines the facts and circumstances, such as:
Grounds of bias or likelihood of unfair trial.
Convenience of parties and witnesses.
The interest of justice.
Possibility of multiplicity of proceedings or conflicting judgments.
The transfer is discretionary and the court must record reasons for granting or refusing the transfer.
Transfer orders are generally appealable before the High Court or Supreme Court.
Grounds for Transfer:
Threat or likelihood of bias or partiality of the presiding judge.
Inconvenience to the parties or witnesses causing delay or hardship.
Avoiding multiplicity of proceedings or conflicting judgments in different courts.
Ensuring a fair trial and impartial adjudication.
Ensuring public order or safety in the trial venue.
Convenience in terms of jurisdiction and place of residence of parties.
Important Case Law on Transfer of Cases:
Raja Ram Pal v. Hon'ble Speaker, Lok Sabha, (2007) 3 SCC 184
Supreme Court held that transfer of cases is a judicial discretion exercised to ensure fairness and justice.
Emphasized that transfer should not be used to escape unfavorable jurisdiction but to avoid injustice.
Union of India v. Ibrahim Uddin, AIR 1976 SC 1134
Explained the principle that transfer powers are to be exercised to promote convenience, avoid multiplicity of suits and conflicting decisions.
Shiv Kumar Yadav v. Union of India, AIR 1983 SC 1350
Clarified that transfer will be refused if the applicant is simply trying to avoid an adverse decision or delay proceedings.
S. Rajammal v. T. Bhuvaneswari, AIR 1993 SC 140
Held that transfer is an exceptional power and should be exercised sparingly.
State of Bihar v. Krishna Ballabh, AIR 1954 SC 549
Laid down principles governing transfer where convenience and fairness are paramount.
Transfer Jurisdiction of Supreme Court and High Courts:
Supreme Court (Section 24 CPC):
Can transfer any case pending in any state to any other state. It can also transfer cases between High Courts.
High Court (Sections 22 and 24 CPC):
High Courts can transfer cases within the state (Section 22) or from one state to another (Section 24).
District Judge (Section 22 CPC):
District Judge can transfer cases between courts subordinate to him.
Inherent Powers:
The Supreme Court under Article 142 of the Constitution has the power to transfer cases in the interest of justice.
High Courts have power under Article 226 to transfer cases in certain situations.
These powers can be invoked where statutory provisions may not suffice to secure justice.
Illustrative Examples:
Transfer of a criminal case from a court where the accused is likely to be prejudiced.
Transfer of a civil suit to a court where the majority of witnesses reside.
Transfer of cases involving multiple parties spread across states to a single court for convenience.
Significance of Transfer Provisions:
Ensures fair trial and impartial justice.
Prevents harassment or inconvenience to parties.
Avoids multiplicity of proceedings and conflicting judgments.
Helps in efficient administration of justice.
Maintains public confidence in judicial process.
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