CPC, 1908 · Part I · Transfer of suits
Power to transfer suits which may be instituted in more than one Court
The plaintiff chose the forum — but a defendant can ask to move it.
How to read Section 22
§§16–20 often give the plaintiff a choice of two or more competent courts. The plaintiff (as dominus litis) picks one. §22 is the defendant’s check on that choice — a right to apply to transfer the suit to another of those courts.
Only a defendant may apply — after notice to the other parties, and at the earliest possible opportunity (where issues are framed, at or before that stage).
The court to which the application lies (see §23), after hearing objections, determines in which of the competent courts the suit shall proceed.
The bare Act
Where a suit may be instituted in any one of two or more Courts and is instituted in one of such Courts, any defendant, after notice to the other parties, may, at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, apply to have the suit transferred to another Court, and the Court to which such application is made, after considering the objections of the other parties (if any), shall determine in which of the several Courts having jurisdiction the suit shall proceed.
Phrase by phrase
How a §22 transfer works
- 1
A choice of forum exists
Under §§16–20 the suit could go to two or more competent courts (A, B, C…).
- 2
Plaintiff files in one
The plaintiff, as master of the suit, institutes it in one of those courts — say Court A.
- 3
Defendant applies to transfer
A defendant, after notice to the others and at the earliest opportunity, applies to shift it to another competent court.
- 4
The court hears objections
The court to which the application lies (§23) considers the other parties’ objections, if any.
- ✓
It fixes the forum
The court determines in which of the several competent courts the suit shall proceed.
Elements & conditions
- A suit institutable in two or more courts
- It is actually instituted in one of them
- An application by a defendant to transfer
- A determination by the court of which forum proceeds
- Notice to the other parties first
- At the earliest possible opportunity
- Where issues are settled — at or before settlement
- Court acts after considering objections
§22 vs §24 — two ways a suit moves
Applies only where the plaintiff had a choice of competent courts; the defendant applies, and the court picks among those courts.
The High Court / District Court may transfer or withdraw any suit, on application or on its own motion — far wider than §22.
The maxim behind it
Dominus litis
“Master of the suit.”
Why it fits §22: the plaintiff is normally master of the suit and picks the forum — §22 is the limited check that lets a defendant apply to transfer it.
Connected rules & sections
They create the choice of forum that §22 presupposes.
Tells you which court hears the §22 application.
The court’s own, much wider power to transfer or withdraw any suit.
Transfer of a suit from a court in one State to another State.
Shares the earliest-opportunity / settlement-of-issues timing discipline.
Normally master of the suit & forum — §22 is the defendant’s counter-balance.