Section 24 of The Code of Civil Procedure, 1908
General power of transfer and withdrawal.
- (1)On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage
- (a)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, or
- (b)withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and
- (i)try or dispose of the same; or
- (ii)transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or
- (iii)retransfer the same for trial or disposal to the Court from which it was withdrawn.
- (2)Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which 1[is thereafter to try or dispose of such suit or proceeding] may, subject to any special directions in the case of an order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn. 2[(3) For the purposes of this section,
- (a)Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court;
- (b)proceeding includes a proceeding for the execution of a decree or order].
- (4)The Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes. 3[(5) A suit or proceeding may be transferred under this section from a Court which has no jurisdiction to try it.]
Summary
- Section 24 of The Code of Civil Procedure, 1908, gives High Courts and District Courts broad power to transfer or withdraw any suit, appeal, or proceeding.
- These courts can act on their own motion (on their own initiative) or based on an application from a party.
- They can transfer a case to any subordinate court that is competent (legally authorized) to hear it.
- They can withdraw a case from a subordinate court to try it themselves or send it to another subordinate court.
- This power includes the ability to retransfer a case back to the court it was originally taken from.
- A case can be moved even if it was started in a court that actually had no jurisdiction to hear it.
Practical examples
FAQ
1. Can a High Court move my case without me asking under CPC Section 24?
Yes, Section 24(1) of The Code of Civil Procedure, 1908, allows the High Court or District Court to transfer or withdraw a case of its own motion without a party's application.
2. Does the general power of transfer in CPC Section 24 apply to appeals?
Yes, Section 24(1) of The Code of Civil Procedure, 1908, specifically includes suits, appeals, and other proceedings in its scope.
3. What does Section 24 of the Act say about execution proceedings?
Section 24(3)(b) of The Code of Civil Procedure, 1908, clarifies that the term "proceeding" includes any proceeding for the execution of a decree or order.
Test yourself
1.Under Section 24 of The Code of Civil Procedure, 1908, what is a requirement for the court to which a suit is transferred?
2.According to Section 24(3)(a) of The Code of Civil Procedure, 1908, which judges are considered subordinate to the District Court?
3.Under Section 24(5) of The Code of Civil Procedure, 1908, what is notable about a court from which a case is being transferred?
4.Under Section 24(1) of The Code of Civil Procedure, 1908, at what stage of a suit can the High Court or District Court exercise its power of transfer?