CPC 25 — Power of Supreme Court to transfer suits, etc

Code of Civil Procedure, 1908

Statutory text

[25. 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.]

I
NSTITUTION OF SUITS

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