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from which it was withdrawn.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withdrawn under sub-section (1), the Court which thereafter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from the point at which it was transferred or withdrawn.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(4) The Court trying any suit transferred or withdrawn under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.