PLACE OF SUINGCentral

Section 22 of The Code of Civil Procedure, 1908

Power to transfer suits which may be instituted in more than one Court.

Where a suit may be instituted in any one of two or more Courts and is instituted in one of such Courts, any defendant, after notice to the other parties, may, at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, apply to have the suit transferred to another Court, and the Court to which such application is made, after considering the objections of the other parties (if any), shall determine in which of the several Courts having jurisdiction the suit shall proceed.

Summary

Section 22 of The Code of Civil Procedure, 1908, allows a defendant to ask for a case to be moved if it could have been filed in more than one court.
The defendant must give notice to all other parties in the case before making this request.
This application to move the case must be made at the earliest possible opportunity.
If the case involves settling legal issues, the application must be made before or when those issues are settled.
The court that receives the application must consider any objections from other parties before deciding.
After reviewing objections, the court determines which of the several courts having jurisdiction will proceed with the case.

Practical examples

1Meena was sued in Mumbai for a debt related to a business in Delhi. Since the Delhi court also has authority, Meena gives notice to the plaintiff and asks the Mumbai court to transfer the case to Delhi at the start of the proceedings.

2A company is sued in Bangalore for a contract signed in Chennai. The company proves that the Chennai court is also competent. They file a request to move the case to Chennai before the judge finalizes the points of dispute in the case.

FAQ

1. How do I transfer a case to a different court under Section 22 of The Code of Civil Procedure, 1908?

If the suit could have been filed in another court, you must give notice to all other parties and apply to the court at the earliest opportunity, specifically before or during the settlement of issues.

2. Can a plaintiff apply for a transfer under CPC Section 22?

No, Section 22 of The Code of Civil Procedure, 1908, specifically grants the power to apply for a transfer to the defendant.

3. Does the court automatically grant a transfer request under CPC Section 22?

No, the court must first consider any objections from the other parties before determining which court should proceed with the suit.

Test yourself

1.Under Section 22 of The Code of Civil Procedure, 1908, what is the deadline for a defendant to apply for a transfer of a suit?

2.What is a mandatory step for a defendant before filing a transfer application under Section 22 of The Code of Civil Procedure, 1908?

3.Under Section 22 of The Code of Civil Procedure, 1908, what condition must be met for a transfer application to be considered?

4.According to Section 22 of The Code of Civil Procedure, 1908, what must the court do after an application for transfer is filed?

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