Bailabel Type : bailable

Description

Section 22 of the Code of Civil Procedure (CPC), 1908, grants the court the power to transfer a suit from one court to another when the suit could be instituted in more than one court. This section aims to address situations where a civil suit could be filed in multiple courts based on factors such as jurisdiction or territorial boundaries, and it ensures that the case is transferred to the most appropriate court for efficient adjudication.

---

Key Features of Section 22 - Power to Transfer Suits Which May Be Instituted in More Than One Court

1. Applicability:

   • Section 22 applies when a suit can be instituted in more than one court within the same jurisdiction. For example, in a situation where there is a territorial overlap between courts, such as multiple courts within the same district or city, a party might have the option to file the suit in any of those courts.
   • The section gives the court the discretion to transfer the suit to the most appropriate one among those available.

2. Discretion of the Court:

   • The court that has been initially approached may, at any stage of the suit, exercise its discretion and transfer the case to another court if it determines that the transfer will serve the ends of justice.
   • The reason for the transfer could be based on convenience, efficiency, or the need to avoid unnecessary delays or complications.

3. Avoiding Multiplicity of Litigation:

   • Section 22 is designed to prevent multiplicity of litigation. If a suit can be instituted in more than one court, it may lead to confusion, parallel cases, or inconsistent rulings. To prevent this, the court has the power to centralize the proceedings by transferring the suit to one designated court, which can efficiently handle the matter.

4. Court’s Power to Transfer:

   • The court can transfer the suit to any other court that has the jurisdiction to hear the matter, provided it considers the convenience of the parties and the efficient functioning of the judiciary. For example, if a court where the suit was initially filed is overwhelmed with cases or lacks the necessary expertise, it may transfer the suit to a court better equipped to handle the matter.

5. Types of Cases:

   • This provision applies to a wide range of civil matters, including contractual disputes, property disputes, tort cases, and other cases where the suit could be filed in multiple courts within the jurisdiction.

6. Procedure for Transfer:

   • The party requesting the transfer (usually the defendant or plaintiff) must make an application to the court to transfer the case. The court may either agree to the transfer or decide that the case should continue in the original court.
   • The court may also make such transfer orders on its own motion (without an application from either party) if it believes that the transfer would be beneficial for the case.

7. Judicial Discretion:

   • The court’s decision to transfer the case depends largely on the discretionary power vested in it. The court will typically consider factors such as:
     • Whether the original court is convenient for all parties involved.
     • The court’s workload or capacity to deal with the case.
     • Whether any transfer would delay the proceedings unjustifiably.
     • The convenience of witnesses or evidence to be presented.

8. Impact of Transfer:

   • The transfer of a suit does not mean that the suit is restarted from the beginning. It proceeds from the stage it was at in the original court, unless the transfer is made before the suit has been formally instituted.

9. Scope of Transfer:

   • The power to transfer applies not only to suits within the same jurisdiction but also to cases where the subject matter of the case falls within the purview of more than one court. For example, a property dispute in one area might involve a court located in a different region that has the jurisdiction to handle specific aspects of the case.

10. Avoiding Forum Shopping:

    • The provision ensures that forum shopping (selecting the most favorable court for a case) is prevented. A party cannot simply choose a court based on perceived advantages. The court will only allow a transfer to ensure fairness, efficiency, and justice.

Punishment

Section 22 itself does not prescribe any punishment in the traditional sense, but it does have certain consequences for improper actions or delays caused by objections to the transfer or filing in multiple courts.

1. Delay and Inconvenience:

   • If a party misuses the opportunity to file a suit in multiple courts without valid reasons or engages in forum shopping, this can result in delays in the case. These delays can prolong the resolution of disputes and may lead to additional court costs for both parties.

2. Imposition of Costs:

   • The court can impose costs on the party who is found to have acted improperly in terms of the transfer or jurisdiction issues. If a party raises an objection to the transfer without valid grounds, they might be required to pay the legal costs of the other party as well.

3. Disposal of Case:

   • If the transfer application is unjustified, the case may be dismissed or may continue in the court that initially had jurisdiction, and the party who requested the transfer may face adverse consequences in terms of costs or procedural penalties.

4. Abuse of Process:

   • Raising unnecessary objections or causing repeated delays through challenges to the court’s jurisdiction could be considered an abuse of process. In such cases, the court may impose costs or sanction the party for not proceeding with the suit in good faith.