Section 24 of CPC : Section 24: General power of transfer and withdrawal.

Explanation using Example

Example 1:

Scenario: A property dispute case is pending in a District Court in Mumbai. One of the parties, Mr. Sharma, feels that the case is not progressing efficiently and believes that the case would be handled better in a different court.

Application: Mr. Sharma files an application to the High Court of Bombay requesting the transfer of the case to a District Court in Pune. The High Court, after notifying all parties involved and hearing their arguments, decides to transfer the case to the District Court in Pune, which is competent to handle such cases.

Outcome: The District Court in Pune will now take over the case from the point where it was left off in the Mumbai District Court, unless the High Court specifies that the case should be retried from the beginning.

Example 2:

Scenario: A family dispute case is being heard in a Family Court in Delhi. The case involves complex legal issues, and the Family Court feels that it would be more appropriate for the case to be handled by a higher court.

Application: The Family Court in Delhi decides on its own motion to withdraw the case and transfer it to the District Court in Delhi, which has more experience in handling such complex cases.

Outcome: The District Court in Delhi will now try or dispose of the case. The Family Court in Delhi will no longer have jurisdiction over this particular case.

Example 3:

Scenario: A commercial dispute is being heard in a Small Causes Court in Bangalore. The case involves a significant amount of money, and one of the parties, Ms. Rao, believes that the Small Causes Court does not have the jurisdiction to handle such a large claim.

Application: Ms. Rao files an application to the District Court in Bangalore requesting the transfer of the case to a higher court. The District Court, after notifying all parties and hearing their arguments, decides to transfer the case to itself for trial.

Outcome: The District Court in Bangalore will now handle the case as if it were a Small Causes Court for the purposes of this suit. The Small Causes Court in Bangalore will no longer have jurisdiction over this particular case.

Example 4:

Scenario: An appeal against a civil decree is pending in the High Court of Madras. The High Court feels that the appeal can be more efficiently handled by a subordinate court.

Application: The High Court of Madras, on its own motion, decides to transfer the appeal to a District Court in Chennai, which is competent to handle the appeal.

Outcome: The District Court in Chennai will now handle the appeal from the point where it was left off in the High Court, unless the High Court specifies that the appeal should be retried from the beginning.

Example 5:

Scenario: A decree execution proceeding is pending in a District Court in Hyderabad. The District Court feels that the execution can be more efficiently handled by a subordinate court.

Application: The District Court in Hyderabad, on its own motion, decides to transfer the execution proceeding to an Additional Judge's Court in Hyderabad, which is competent to handle the execution.

Outcome: The Additional Judge's Court in Hyderabad will now handle the execution proceeding from the point where it was left off in the District Court, unless the District Court specifies otherwise.