CPC, 1908 · Part I · Transfer of suits
Power of Supreme Court to transfer suits, etc.
The only court that can move a case across State lines — for the ends of justice.
How to read Section 25
§24 keeps transfers within one High Court’s reach. When a case must move from one State to another, only the Supreme Court can do it — that is §25.
The SC acts only if satisfied the transfer is “expedient for the ends of justice” — e.g. a fair trial is impossible in the present State.
Unlike §24, it is only on a party’s application (by motion + affidavit) — not suo motu.
The bare Act
(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 any other 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.
Phrase by phrase — every sub-section, pictured
Tap a sub-section: each opens its own diagram + full dissection.
Transfer across State lines
Only the Supreme Court can direct this inter-State move.
How the application is made
Retry vs continue
Start the trial afresh
Resume from this stage
A check on frivolous applications
The case carries its own law
A transfer changes the court, not the law — the receiving court applies the law the original court ought to have applied.
The transfer trio — §22 vs §24 vs §25
Where the plaintiff had a choice of forum; the defendant applies; among those competent courts.
Wide general power to transfer or withdraw within a State’s hierarchy — application or suo motu.
Inter-State transfer, on a party’s motion, if expedient for the ends of justice.
How the five sub-sections connect
🏛️ One inter-State power, with rails around it
(1) is the power; (2)–(5) are how to ask, what follows, the deterrent, and the law that travels.
SC transfers across States
The Supreme Court may move a suit/appeal/proceeding from a court in one State to another, if expedient for the ends of justice.
Motion + affidavit
The application must be by motion, supported by an affidavit.
Retry or continue
The transferee court may retry it or proceed from the stage it reached.
Frivolous → ₹2,000
A frivolous or vexatious application dismissed → up to ₹2,000 compensation to the opposing party.
Home law travels
The transferee applies the law the original court ought to have applied — the move doesn’t change the governing law.
Connected rules & sections
The intra-State counterpart — §25 takes over once State lines are crossed.
The narrowest of the three transfer powers.
Routes a §22 application — §25 always lies to the Supreme Court.
The SC’s power to transfer / withdraw cases involving the same questions of law — a related transfer jurisdiction.
Order XIX governs the affidavit that must support a §25 motion.
Substituted the present §25, giving the power to the Supreme Court (earlier it lay with the State Government / High Court).