Transfer of Cases under CPC

1. PROVISIONS FOR TRANSFER OF
CASES UNDER CODE OF CIVIL
PROCEDURE, 1908
Name: Aparna Yadav
Roll No.: 127
Class: 5th BALLB
Subject: Civil Procedure Code
Contact No.: 6268202297

2. Meaning & Definition of Transfer of Suits
• The provisions of Code of Civil Procedure, 1908 allow the defendant or plaintiff to make an
application for transfer of an ongoing suit or appeal from one court to another court of similar rank.
• In common parlance, transfer refers to redirection of already instituted suit or appeal to a court
inferior or similar in rank due to cited reasons.
• Section 22 and 23 of CPC confers power of the civil court to transfer suits from one civil court to
another on the application of the defendant. Section 22 is the substantive section which confers
upon the civil court the power

3. PURPOSE OF TRANSFER OF SUITS
• Even though the CPC, 1908 does not lay down the purpose for transfer of
suits, yet the following purposes can be reckoned:
a) Enforcing the observance of proper hierarchy of courts;
b) Enabling exercise of proper jurisdiction;
c) Avoiding involvement of judges who are personally connected;
d) Reducing pendency of cases; &
e) Efficiency and convenience for the litigants.

4. CONDITIONS FOR TRANSFER OF SUIT
CONDITIONS FOR
TRANSFER
1. Suit pending in
competent court to try
2. Transferee Court shall
be subordinate to
transferor court
3. Transferee Court shall
be competent, both in
terms of pecuniary and
territorial jurisdiction

5. PROCEDURE FOR TRANSFER OF
SUITS
• Defendant applies under
Section 22 of CPC for
transfer of suit
• Notice is given to other
parties
• Application made before
settlement of issues
Application
• Court hears the objections
and decides the application of
transfer
• Court determines the court
where case shall be
transferred
Hearing of
Objections • Court will make an order for
transfer of suit
• Transferee court will be
determined and ordered to
hear the said suit
Order

6. LANDMARK JUDGMENTS
1. Indian Overseas Bank v. Chemical Construction, AIR 1979 SC 1514
Held, balance of convenience is prima facie consideration for transfer of a suit.
2. Nahar Industrial Enterprises Ltd. v. Hong Kong & Shanghai Banking Cor., (2009) 8 SCC 646
Held, the power to transfer one case from one court to another or from one tribunal to another is to be
exercised only if an exceptional situation arises and not otherwise. Rules of procedures are intended to
provide justice and not to defeat it.
3. M.V. Ganesh Prasad v. M.L. Vasudevamurthy, AIR 2003 Kant 39
Held, apprehension of bias in the mind of the petitioner seeking for transfer of a case should be reasonable
and bona fide otherwise the transfer application would be rejected.

7. THANK YOU….