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CPC, 1908 — Section 150: Transfer of Business

CPC, 1908 · Part XI · Miscellaneous (§§132–158)

Section 150 — Transfer of business

When a court’s work moves, its authority moves with it. Subject to any contrary provision, where the business of one Court is transferred to another, the transferee Court has the same powers and must perform the same duties — under the Code — as the Court it took the business from. The work continues without a break.

§ 150

How to read Section 150

The trigger

The business of a Court — its cases and functions — is transferred to another Court (e.g. on reorganisation or abolition).

Powers & duties pass

The transferee Court steps into the other’s shoes — same powers, same duties under the Code — for that business.

The saving

It applies “save as otherwise provided” — a default, displaced by any contrary law or order of transfer.

The bare Act

Section 150 · verbatim

Save as otherwise provided, where the business of any Court is transferred to any other Court, the Court to which the business is so transferred shall have the same powers and shall perform the same duties as those respectively conferred and imposed by or under this Code upon the Court from which the business was so transferred.

In short: if one court’s work is handed over to another, the new court can do — and must do — everything the Code allowed and required of the old court for that work. Nothing is lost in the move.

→ § 150 is a continuity provision. When jurisdiction or pending cases are transferred — on a court’s abolition, re-organisation, or an administrative shift — the receiving court is clothed with the same powers and duties the Code gave the original. So it may continue trials, decide applications and execute decrees that began before the transferring court, as if they had always been its own.

Key terms decoded

Business of a Court

The work a court handles — its suits, proceedings, applications, execution and functions under the Code.

Transferred to any other Court

The business is moved to another court — e.g. on abolition, re-organisation, or an administrative transfer of jurisdiction / cases.

Same powers and duties

The receiving court has all the powers and bears all the duties the Code placed on the transferring court — for that business.

Conferred and imposed by or under this Code

Powers are conferred, duties are imposed — the section carries both across, as the Code (and rules under it) had fixed them.

Save as otherwise provided

A default: the rule yields where some other law or the order of transfer provides differently.

Why it matters

Continuity — pending matters do not lapse or restart; the new court simply carries them on with full authority.

The picture — the work moves, and so does the authority

A court’s work hands over — with its full authority COURT A — its BUSINESSits suits, proceedings, applications,execution & functions under the Code(on abolition / re-organisation) transferred COURT B receives it — with the SAMEPOWERS & DUTIES under the Codeas Court A had — it may continue trials, decideapplications & execute decrees of Court A Save as otherwise provided — the rule yields to any contrary law or to the order of transfer itself.The effect is seamless continuity: pending matters carry on, they do not lapse or restart.

§ 150 makes a transfer of business a change of address, not a break in authority: whatever the old court could and had to do under the Code, the new court can and must do — so litigants are not sent back to square one.

Part by part — the one sentence

the saving

Save as otherwise provided…

A default rule — it operates unless some other law or the order of transfer lays down something different.

the trigger

…where the business of any Court is transferred to any other Court…

It bites whenever a court’s business is moved to another court — whatever the cause of the transfer.

the effect

…the Court to which the business is so transferred shall have the same powers and shall perform the same duties … as those … upon the Court from which the business was so transferred.

The receiving court inherits the transferring court’s powers and duties under the Code — no more, no less — for that business.

Why it matters

Reorganise the courts — without disrupting the cases

§ 150 makes administrative change painless for the litigant.

No lapse
Pending suits and proceedings do not fall away when the court’s business is moved — they simply continue.
Full authority
The new court can execute decrees, decide applications and finish trials of the old court — with the same powers.
No restart
Parties are not sent back to file afresh — the case picks up exactly where it stood.
So § 150 lets the judicial map be redrawn — courts created, abolished or merged — while every pending matter keeps its place and its court’s full power over it.

Connected provisions

Section 150 is a continuity provision in Part XI. It complements the Code’s transfer-of-cases machinery (§§ 22–25) — which moves individual suits — by carrying the powers and duties across when a whole court’s business is transferred.

Test yourself
1 What happens to a court’s powers and duties when its business is transferred? — They pass to the transferee court — which has the same powers and duties under the Code as the transferring court had.
2 Must pending matters be restarted in the new court? — No — the new court continues them with full authority; nothing lapses or restarts.
3 Is the rule absolute? — No — it applies “save as otherwise provided” by any contrary law or the order of transfer.
Part XI · Miscellaneous · Section 150 — Transfer of business.