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SECTION 25, 26 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

Power of Supreme Court to transfer suits, etc and Institution of suits are defined under Section 25 and 26 of Code of Civil Procedure 1908. Provisions under these Sections are:

Section 25 of Code of Civil Procedure 1908 "Power of Supreme Court to transfer suits, etc"

(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.

Section 26 of Code of Civil Procedure 1908 "Institution of suits"

Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed.

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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