CODE
(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.
EXPLANATION
Section 25 of the Code of Civil Procedure confers exclusive power on the Supreme Court to transfer civil cases—whether suits, appeals, or other proceedings—from one state to another. This provision serves the “ends of justice” when inter-state issues arise, such as threats to fair trial, witness inconvenience, or regional bias.
The transfer may be done:
- Between two High Courts in different states.
- Between a High Court and a subordinate Civil Court in another state.
- Between subordinate Civil Courts in different states.
Only the Supreme Court can exercise this power, not the High Courts or District Courts. The application must be filed by motion and supported with a sworn affidavit. The Court must also hear the opposing party before issuing an order.
Importantly, if the Court finds the application frivolous or made with malafide intent, it may impose compensation (up to ₹2,000) on the applicant.
Even after transfer, the law applicable to the case remains unchanged. The receiving court must apply the same law as the original court.
ILLUSTRATIONS
Illustration 1:
A civil suit regarding property is filed in a Civil Court in Gujarat. The defendant, living in Kerala, applies to the Supreme Court for transfer of the case to Kerala for convenience and justice. The Supreme Court, after hearing both sides, orders the transfer to a Kerala court.
Illustration 2:
A woman files a maintenance case in her home state. The husband, residing in a different state, seeks transfer alleging local bias. If the Supreme Court believes it necessary for a fair trial, it can transfer the case accordingly.
Illustration 3:
A corporation involved in litigation in one state argues for transfer due to security concerns for its witnesses. The Supreme Court, being satisfied that justice demands it, allows the transfer.
COMMON QUESTIONS ASKED
Q1. Who can transfer a case from one state to another?
Only the Supreme Court of India has the power under Section 25 CPC to transfer cases between states.
Q2. What kind of cases can be transferred under Section 25?
Any suit, appeal, or civil proceeding can be transferred between High Courts or civil courts of different states.
Q3. Can a party oppose the transfer?
Yes. The Court must notify and hear all interested parties before passing an order.
Q4. Is it mandatory to file an affidavit?
Yes. The application must be supported by an affidavit explaining the grounds for transfer.
Q5. What happens if the application is frivolous?
The Supreme Court may impose a penalty of up to ₹2,000 on the applicant.
Q6. Will the applicable law change after transfer?
No. The receiving court must apply the same law that the original court would have applied.
Q7. Can the transferred court begin from where the case left off?
Yes. The transferee court can either retry the case or continue from the stage at which it was transferred, subject to the Supreme Court’s directions.
