Section 23 of CPC : Section 23: To what Court application lies.

Explanation using Example

Example 1:

Scenario: Ramesh files a civil suit against Suresh in the District Court of Mumbai. Suresh believes that the case should be heard in the District Court of Pune instead, as most of the witnesses and evidence are located there.

Application of Section 23:

• Step 1: Determine the appellate court for both District Courts.
• Step 2: Both the District Court of Mumbai and the District Court of Pune are subordinate to the Bombay High Court.
• Step 3: According to Section 23(2), since both courts are subordinate to the same High Court, Suresh should make an application to the Bombay High Court to transfer the case from Mumbai to Pune.

Example 2:

Scenario: Priya files a civil suit against Anil in the District Court of Delhi. Anil believes that the case should be heard in the District Court of Jaipur instead, as the cause of action arose there and most of the evidence is located in Jaipur.

Application of Section 23:

• Step 1: Determine the appellate court for both District Courts.
• Step 2: The District Court of Delhi is subordinate to the Delhi High Court, while the District Court of Jaipur is subordinate to the Rajasthan High Court.
• Step 3: According to Section 23(3), since the courts are subordinate to different High Courts, Anil should make an application to the Delhi High Court (the High Court within whose jurisdiction the suit was originally brought) to transfer the case from Delhi to Jaipur.