Section 23 of CPC : Section 23: To What Court Application Lies

Explanation using Example

Imagine a scenario where two parties, Mr. A and Mr. B, are involved in a property dispute. The property in question is located in an area where it could potentially fall under the jurisdiction of two different district courts - Court X and Court Y. Both these courts are subordinate to the same Appellate Court.

Mr. A initiates the lawsuit in Court X. However, Mr. B believes that Court Y is a more convenient forum for various reasons, such as proximity to most of the witnesses. Before the trial begins, Mr. B wants to transfer the case from Court X to Court Y.

In this situation, Mr. B can apply for the transfer of the case under Section 22 of The Code of Civil Procedure, 1908. As per Section 23(1), since both Court X and Court Y are subordinate to the same Appellate Court, Mr. B should make his transfer application directly to that Appellate Court.