Scribd
Upload
34 views1 page

Notes On Transfer of Suit

- Section 24 of the Code of Civil Procedure allows a district court or high court to transfer any suit, appeal, or other proceeding pending before it to a subordinate court that is competent to try or dispose of the case. - The transferee court must have pecuniary jurisdiction over the case value but does not need to have territorial jurisdiction. - Section 24(5) specifically allows transfer of a case from a court with no jurisdiction to try it. However, in Vidya Shankar Tiwari v. Suryakant Tiwari, the court held that if the suit was not properly instituted, the district judge could not use Section 24(5)

Uploaded by

Trivia
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
34 views1 page

Notes On Transfer of Suit

- Section 24 of the Code of Civil Procedure allows a district court or high court to transfer any suit, appeal, or other proceeding pending before it to a subordinate court that is competent to try or dispose of the case. - The transferee court must have pecuniary jurisdiction over the case value but does not need to have territorial jurisdiction. - Section 24(5) specifically allows transfer of a case from a court with no jurisdiction to try it. However, in Vidya Shankar Tiwari v. Suryakant Tiwari, the court held that if the suit was not properly instituted, the district judge could not use Section 24(5)

Uploaded by

Trivia
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

Notes

 If the court where the plaintiff filed the suit doesn’t have jurisdiction, will a transfer lie
u/CPC and to which Court

Sec. 24 of CPC- General Power of transfer and withdrawal


- Enables the District Court or High Court to transfer any suit, appeal or other proceeding
pending before it for trial or disposal to any court subordinate to it and competent to try
or dispose of the same.
- The court to which the suit is transferred must possess pecuniary jurisdiction. It is not
necessary that it should have territorial jurisdiction. (Kishore Lal v. Balkishan, AIR 1932
All 660, U.Maung v. U.Nyo, AIR 1940 Rang 333)
- The Court held that it is not necessary for the transferee court should have territorial
jurisdiction, and that the competence means intrinsic competence and refers to the
subject maater of the case and its pecuniary value. (Sita Ram v. Balak Ram, AIR 1933
Oudh 154, Chouth Mar v. Bhonrilal AIR 1956 Raj 192, Harihar Panda & Ors.v. Jambati
Pandani & Ors. AIR 1964 Ori 167)

- Sec. 24 (5) – ‘A suit or proceeding may be transferred under this section from a court
which has no jurisdiction to try it.’

Syam Nandan v. Dhanpati Kuer, AIR 1960 Pat 244 – Where a suit was instituted in Court A which
would have on the valuation given in the plaint jurisdiction to entertain it and subsequently, the suit
was transferred to Court B which had higher pecuniary jurisdiction, and the court held that on its
true valuation, the suit was beyond the jurisdiction of Court A, it was held that the order of transfer
was not open to attack on the ground that the suit was instituted in a court which had no jurisdiction
to entertain it.

Vidya Shankar Tiwari v. Suryakant Tiwari & Ors., 2013 (100) ALR 370

The court held that if the suit was not properly instituted the District Judge could not exercise his
jurisdiction under Section 24(5) of the Code of Civil Procedure by ignoring the provision of Order VII
Rule 10 of the Code of Civil Procedure.

You might also like