Sections 25 and 26 of the Code of Civil Procedure, 1908

Section 25 CPC gives the Supreme Court power to transfer suits, appeals and other civil proceedings from a High Court or Civil Court in one State to a High Court or Civil Court in another State when transfer is expedient for the ends of justice. Section 26 deals with the institution of civil suits.

Legal text reviewed: September 6, 2026. The central provisions below should be read with applicable amendments, the First Schedule to the CPC, the Commercial Courts Act, 2015 where applicable, and binding judicial decisions.

Section 25 CPC

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 another 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.

In brief: Section 25 is the Supreme Court's interstate civil transfer provision. The statutory test is whether transfer is expedient for the ends of justice.

Section 26 CPC

Institution of suits

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

(2) In every plaint, facts shall be proved by affidavit.

Commercial disputes: For commercial disputes of a specified value, the Commercial Courts Act amendments provide that such affidavit shall be in the form and manner prescribed under Order VI Rule 15A of the CPC.

In brief: A civil suit is ordinarily commenced by presentation of a plaint in the prescribed manner. Section 26(2) also requires facts in the plaint to be proved by affidavit, subject to the applicable procedural rules and special provisions for commercial disputes.

Important amendment notes

Section 25 was substituted by the Code of Civil Procedure (Amendment) Act, 1976, section 11, with effect from February 1, 1977.
Section 26 was renumbered as sub-section (1) by Act 46 of 1999, with effect from July 1, 2002.
Section 26(2) was inserted by the 1999 amendment with effect from July 1, 2002.
The proviso linked to Order VI Rule 15A applies to commercial disputes of a specified value under the Commercial Courts Act amendments, with effect from October 23, 2015.

Official reference: Code of Civil Procedure, 1908 - India Code. For commercial disputes, also verify the Commercial Courts Act, 2015 and the amended First Schedule to the CPC.