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

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

¹[(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.]

Footnotes in the official text

1.Subs. by s. 11, ibid., for s. 25 (w.e.f. 1-2-1977).

Questions on this section

4 questions in 15 of our papers cite Section 25. Try these from the free papers:

1. Section 25 of the CPC provides for:
2. While dismissing an application under Section 25 of the Code of Civil Procedure, 1908 that it finds frivolous or vexatious, the Supreme Court may order the applicant to pay compensation to any person who opposed the application, of a sum not exceeding:
3. Where the Supreme Court transfers a suit under Section 25 CPC from a Civil Court in one State to a Civil Court in another State, the Court to which it is transferred shall, subject to any special directions in the order of transfer: