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SECTION 23, 24 OF CODE OF CIVIL PROCEDURE 1908

To what Court application lies? What is General power of transfer and withdrawal? Section 23 and 24 of Code of Civil Procedure 1908

To what Court application lies and General power of transfer and withdrawal are defined under Section 23 and 24 of Code of Civil Procedure 1908. Provisions under these Sections are:

Section 23 of Code of Civil Procedure 1908 "To what Court application lies"

(1) Where the several Courts having jurisdiction are subordinate to the same Appellate Court, an application under section 22 shall be made to the Appellate Court.

(2) Where such Courts are subordinate to different Appellate Courts but to the same High Court, the application shall be made to the said High Court.

 

(3) Where such Courts are subordinate to different High Courts, the application shall be made to the High Court within the local limits of whose jurisdiction the Court in which the suit is brought is situate.

Section 24 of Code of Civil Procedure 1908 "General power of transfer and withdrawal"

(1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage-

(a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or

(b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and

(i) try or dispose of the same; or

(ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or

(iii) retransfer the same for trial or disposal to the Court from which it was withdrawn.

(2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which thereafter tries such suit may, subject to any special directions in the case of an order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn.

(3) For the purposes of this section, Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court.

(4) The Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes.

Code of Civil Procedure 1908

What is Objections to jurisdiction? What is Power to transfer suits which may be instituted in more than one Court? Section 21 and 22 of Code of Civil Procedure 1908

To what Court application lies? What is General power of transfer and withdrawal? Section 23 and 24 of Code of Civil Procedure 1908

What is Power of Supreme Court to transfer suits, etc? What is Institution of suits? Section 25 and 26 of Code of Civil Procedure 1908

What is Summons to defendants? What is the procedure for Service of summons where defendant resides in another State? Section 27 and 28 of Code of Civil Procedure 1908

What is the procedure for Service of foreign summonses? What is Power to order discovery and the like? Section 29 and 30 of Code of Civil Procedure 1908

What is Summons to witness? What is Penalty for default? What is Judgment and decree? Section 31, 32 and 33 of Code of Civil Procedure 1908

What is Interest? What is Costs? What is Compensatory costs in respect of false or vexatious claims or defenses? What is Costs for causing delay? Section 34, 35, 35A and 35B of Code of Civil Procedure 1908

What is Application to orders? What is Definition of Court which passed a decree? Section 36 and 37 of Code of Civil Procedure 1908

Court by which decree may be executed? What is Transfer of decree? What is Transfer of decree to Court in another State? Section 38, 39 and 40 of Code of Civil Procedure 1908


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