CPC, 1908 · Part I · Transfer of suits
To what Court application lies
A §22 transfer application goes up the hierarchy — this section says exactly how far.
How to read Section 23
§22 lets a defendant apply for transfer. §23 answers the next question: which court hears that application? The answer depends on the common superior of the competent courts.
Go to the nearest common authority above the competent courts — their shared Appellate Court, else their shared High Court, else (no shared HC) the suit-court’s High Court.
Sub-sections (1), (2), (3) map to three levels of “how far apart” the competent courts are in the hierarchy.
The bare Act
(1) Where the several Courts having jurisdiction are subordinate to the same Appellate Court, an application under section 22 shall be made to the Appellate Court.
(2) Where such Courts are subordinate to different Appellate Courts but to the same High Court, the application shall be made to the said High Court.
(3) Where such Courts are subordinate to different High Courts, the application shall be made to the High Court within the local limits of whose jurisdiction the Court in which the suit is brought is situate.
The routing rule — three scenarios
The competent courts are subordinate to the same Appellate Court.
They answer to different Appellate Courts but the same High Court.
The competent courts fall under different High Courts — no common HC.
Phrase by phrase
The logic in one line
Climb to the lowest common superior of the competing courts: their shared Appellate Court → if none, their shared High Court → if none, the High Court of the court where the suit was brought.
Connected rules & sections
The application §23 routes — the defendant’s right to seek transfer among competent courts.
Defines the hierarchy — “subordinate to” the Appellate Court / High Court — that §23 relies on.
The wider, independent power of the High Court / District Court to transfer or withdraw.
Where the competent courts are in different States — only the Supreme Court can transfer.
They produce the several courts having jurisdiction that §23 chooses between.
A High Court’s supervisory power over courts below — the backdrop to its transfer role.