Section 25 of The Code of Civil Procedure, 1908
Power of Supreme Court to transfer suits, etc.
1[25. Power of Supreme Court to transfer suits, etc.--(1) On the application of a party, and after notice to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or other proceeding be transferred from a High Court or other Civil Court in one State to a High Court or other Civil Court in another State.
- (2)Every application under this section shall be made by a motion which shall be supported by an affidavit.
- (3)The Court to which such suit, appeal or other proceeding is transferred shall, subject to any special directions in the order of transfer, either retry it or proceed from the stage at which it was transferred to it.
- (4)In dismissing any application under this section, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum, not exceeding two thousand rupees, as it considers appropriate in the circumstances of the case.
- (5)The law applicable to any suit, appeal or other proceeding transferred under this section shall be the law which the Court in which the suit, appeal or other proceeding was originally instituted ought to have applied to such suit, appeal or proceeding.]
Summary
- Section 25 of The Code of Civil Procedure, 1908, empowers the Supreme Court to transfer cases between different states.
- This power is used when the Supreme Court is satisfied that a transfer is expedient for the ends of justice.
- A party must make an application through a motion, which must be supported by an affidavit (a sworn written statement).
- If the Supreme Court dismisses an application as frivolous or vexatious (meant to annoy), it can order the applicant to pay compensation.
- The maximum amount of compensation the Supreme Court can award under this section is two thousand rupees.
- The court that receives the transferred case must apply the law that the original court was supposed to apply.
Practical examples
FAQ
1. Can the Supreme Court move a case from one state to another under CPC Section 25?
Yes, Section 25(1) of The Code of Civil Procedure, 1908, allows the Supreme Court to transfer suits or appeals from a court in one state to a court in another state.
2. What is the compensation limit for a bad-faith transfer application in CPC Section 25?
Under Section 25(4) of The Code of Civil Procedure, 1908, if an application is frivolous or vexatious, the Supreme Court can order the applicant to pay up to two thousand rupees to the opposing party.
3. Which law does the new court follow after a Supreme Court transfer per CPC Section 25?
Under Section 25(5) of The Code of Civil Procedure, 1908, the new court must apply the same law that the original court would have applied to the case.
Test yourself
1.Under Section 25 of The Code of Civil Procedure, 1908, what is the required standard for the Supreme Court to grant a transfer?
2.According to Section 25(2) of The Code of Civil Procedure, 1908, how must a transfer application be supported?
3.Under Section 25(4) of The Code of Civil Procedure, 1908, what is the maximum compensation for a frivolous application?
4.Under Section 25 of The Code of Civil Procedure, 1908, what can the receiving court do with the transferred case?