Section 25 of CPC : Section 25: Power of Supreme Court to transfer suits, etc.

Explanation using Example

Example 1:

Scenario: A business dispute between two companies, one based in Maharashtra and the other in Tamil Nadu.

Details: Company A, based in Maharashtra, files a lawsuit against Company B, based in Tamil Nadu, in the Bombay High Court. Company B feels that it would be more convenient and fair for the case to be heard in the Madras High Court due to the location of witnesses and evidence.

Application: Company B applies to the Supreme Court to transfer the case from the Bombay High Court to the Madras High Court. They submit an application supported by an affidavit detailing the reasons for the transfer.

Outcome: The Supreme Court, after notifying both parties and hearing their arguments, decides that transferring the case to the Madras High Court would serve the ends of justice. The case is transferred, and the Madras High Court either retries the case or continues from the stage it was transferred.

Example 2:

Scenario: A family inheritance dispute involving properties located in different states.

Details: A family dispute over inheritance is initially filed in the Delhi High Court. However, most of the properties in question are located in Karnataka, and the majority of the witnesses reside there.

Application: One of the parties applies to the Supreme Court to transfer the case to the Karnataka High Court, arguing that it would be more convenient for all parties involved.

Outcome: The Supreme Court, after considering the application and hearing both parties, agrees that transferring the case to the Karnataka High Court would be more appropriate. The case is transferred, and the Karnataka High Court proceeds with the case from the stage it was transferred.

Example 3:

Scenario: A defamation case involving a journalist and a politician from different states.

Details: A journalist based in West Bengal publishes an article that a politician from Uttar Pradesh claims is defamatory. The politician files a defamation suit in the Allahabad High Court.

Application: The journalist applies to the Supreme Court to transfer the case to the Calcutta High Court, arguing that it would be more convenient for them and their witnesses.

Outcome: The Supreme Court, after notifying both parties and hearing their arguments, decides that transferring the case to the Calcutta High Court would be in the interest of justice. The case is transferred, and the Calcutta High Court either retries the case or continues from the stage it was transferred.

Example 4:

Scenario: A frivolous application for transfer of a case.

Details: A party involved in a property dispute in the Gujarat High Court applies to the Supreme Court to transfer the case to the Kerala High Court without any substantial reason, merely to delay the proceedings.

Application: The Supreme Court, after considering the application and hearing both parties, finds the application to be frivolous and vexatious.

Outcome: The Supreme Court dismisses the application and orders the applicant to pay compensation of Rs. 2,000 to the opposing party for causing unnecessary delay and inconvenience.