PLACE OF SUINGCentral

Section 23 of The Code of Civil Procedure, 1908

To what Court application lies.

(I)Where the several Courts having jurisdiction are subordinate to the same Appellate Court, an application under section 22 shall be made to the Appellate Court.

(2)Where such Courts are subordinate to different Appellate Courts but to the same High Court, the application shall be made to the said High Court.
(3)Where such Courts are subordinate to different High Courts, the application shall be made to the High Court within the local limits of whose jurisdiction the Court in which the suit is brought is situate.

Summary

Section 23 of The Code of Civil Procedure, 1908, explains which higher court should receive a transfer application requested under Section 22.
If several courts with jurisdiction are under the same Appellate Court, the application goes to that Appellate Court.
If courts report to different Appellate Courts but share the same High Court, the application is made to that High Court.
If courts report to different High Courts, the application is made to the High Court of the place where the suit was originally brought.
This section establishes a clear hierarchy for handling transfer requests to avoid confusion.

Practical examples

1Arjun wants to move a case from a local court in Pune to another local court in the same district. Since both are under the same District Court, he files his request with that District Court.

2Priya is sued in Madurai and wants to move the case to Chennai. Both courts are in the same state but have different local appellate structures, so she files her application with the Madras High Court.

3A bank sues Ravi in Hyderabad. Ravi wants to move the case to a court in Bangalore. Since these courts are under different state High Courts, Ravi must file his application with the High Court at Hyderabad.

FAQ

1. Where do I file my transfer request if the courts are in different states under CPC Section 23?

According to Section 23(3) of The Code of Civil Procedure, 1908, you must file the application in the High Court of the area where the original suit was first started.

2. Does CPC Section 23 allow me to pick any High Court for my application?

No, Section 23 of The Code of Civil Procedure, 1908, provides specific rules based on the subordination of the courts involved to ensure the correct court handles the request.

Test yourself

1.Under Section 23(1) of The Code of Civil Procedure, 1908, where lies the application for a transfer under Section 22 when the courts report to the same Appellate Court?

2.Under Section 23(2) of The Code of Civil Procedure, 1908, if courts are subordinate to different Appellate Courts but the same High Court, who hears the application?

3.A suit is brought in Court X under the Bombay High Court. The defendant wants to move it to Court Y under the Delhi High Court. According to Section 23(3) of The Code of Civil Procedure, 1908, where is the application filed?

4.In the context of Section 23 of The Code of Civil Procedure, 1908, which other section determines the validity of the transfer application itself?

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