CODE
Section 24 CPC – General Power of Transfer and Withdrawal:
(1) On the application of any of the parties and after notice to the parties and hearing such of them as desire 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(iii) retransfer the same for trial or disposal to the Court from which it was withdrawn.
(2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which is thereafter to try or dispose of such suit or proceeding may, subject to any special directions in the case of an order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn.
(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(4) The Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes.
(5) A suit or proceeding may be transferred under this section from a Court which has no jurisdiction to try it.
EXPLANATION
Section 24 of the Code of Civil Procedure empowers the High Court and District Courts to transfer or withdraw cases to ensure justice, convenience, and proper administration of law. This power can be exercised on a party’s request or by the court on its own motion.
It allows:
- Transfer of any pending suit, appeal, or proceeding to a competent subordinate court
- Withdrawal of any pending matter from a subordinate court
- Trial by the court itself, or transferring it to another competent subordinate court
Even if a case is filed in a court lacking jurisdiction, Section 24(5) permits its transfer rather than dismissal. This ensures smooth handling of civil disputes without unnecessary delays or procedural hurdles.
Additionally, the court receiving the transferred case can either continue the case from the stage it was transferred or restart it, depending on the order.
ILLUSTRATION
Illustration 1:
A plaintiff files a civil suit in District Court X. The defendant, however, resides in another district and requests that the case be transferred to District Court Y for convenience. The District Court, after hearing both sides, transfers the case under Section 24.
Illustration 2:
The High Court observes that a subordinate court has a large backlog, but another court has capacity. To expedite the process, the High Court suo motu transfers pending suits to the less burdened court.
Illustration 3:
A suit is mistakenly filed in a court that lacks jurisdiction. Rather than dismissing it, the High Court transfers it under Section 24(5) to a competent court, avoiding wasted time and effort.
COMMON QUESTIONS ASKED
Q. Who can apply for transfer under Section 24 CPC?
A. Any party to the suit, appeal, or proceeding can apply before the High Court or District Court.
Q. Can the court act on its own under Section 24?
A. Yes, both High Courts and District Courts can initiate transfer or withdrawal suo motu.
Q. Is it possible to transfer a case from a court without jurisdiction?
A. Yes, Section 24(5) explicitly allows for such transfers to avoid technical dismissals.
Q. What happens after the case is transferred?
A. The new court may either proceed from the stage left off or start the trial anew, depending on the order.
Q. Does this section cover execution proceedings?
A. Yes, “proceeding” under Section 24(3)(b) includes execution of a decree or order.
Q. Is notice required for transfer?
A. Yes, notice is mandatory if the transfer is on the application of a party. It may not be necessary in suo motu transfers.
