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Section 24 – Civil Procedure Code 1908

Civil Procedure Code 1908

 

 

24. 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(iii) retransfer the same for trial or disposal to the Court from which it was withdrawn.

 

(2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which 1[is thereafter to try or dispose of such suit or proceeding] may, subject to any special directions in the case of any order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn.

 

2[(3) For the purposes of this section,-

 

(a) Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court;

 

(b) “proceeding” includes a proceeding for the execution of a decree or order.]

 

(4) the Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be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.

 

3[(5) A suit or proceeding may be transferred under this section from a

Court which has no jurisdiction to try it.]

 

 

1. Subs, by Act No. 104 of 1976, sec. 10 for “thereafter tries such suit” (w.e.f. 1-2-1977).

2. Subs, by Act No. 104 of 1976, sec. 10 for sub-section (3) (w.e.f. 1-2-1977).

3. Ins. by Act No. 104 of 1976, sec. 10 (w.e.f. 1-2-1977).

 

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Civil Procedure Code 1908

 

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