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Sunil Patil (Engg)     11 September 2012

Secn 23 v/s secn 25 of cpc

Hello everyone,

In case when a 2 civil courts A & B come under the same High court (appellate court), can one party approach the Supreme Court under section 25 of CPC and ask for transfer from A to B, by bypassing the Appelate Courts u/s 23 of CPC?

Any judgements where sections 23 of CPC is considered in this scenario will help.

Thanks.



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 4 Replies

Tajobsindia (Senior Partner )     11 September 2012

1. No.
2. No case can be transferred to another court unless it is vehimently shown that the first Appelate Court is biased and/or some reasonable grounds exist.
I was wondering what she is upto :-)

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     11 September 2012

No Supreme Court can only transfer inter state matters. Within the state it is the High Court who has the jurisdiction to transfer.

Sunil Patil (Engg)     11 September 2012

Thanks for the update. Can you help with any judgements....just like the one you gave on Shikha Bhatia v. Gaurav Bhatia to me a few minutes ago.

In my matter the settlement terms have been completly adhered by me and partially by her. Now she has gone to SC u/s 25 CPC to transfer the matter....so am looking at closing this case via combination of Article 142, Contempt of Court and that she has resiled from mediation terms without any valid reason.

Please help with any citaition on this matter.

Thanks.

Tajobsindia (Senior Partner )     11 September 2012

1. In my experience Hon'ble SC will dismiss her moves.
2. However appear before Hon'ble Bench as in-person and if you see wind blowing "other way" immediately break coloumn and push towards Bench and humbly pray before Hon'ble Bench to send matter to SC Mediation with liberty to appoint AOR just before.
3. However Art. 142 COI is little over ambitious thinking based on colly. queries of yours which I had chance ot read and some replied too, however each one is master to h/er own thinking so I close your question(s) stating RESOLVED :-)


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