PLACE OF SUING

Section 21. Objections to jurisdiction.

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[(1)] No objection as to the place of suing shall be allowed by any Appellate or
Revisional Court unless such objection was taken in the Court of first instance at the
earliest possible opportunity and in all cases where issues are settled at or before
such settlement, and unless there has been a consequent failure of justice.
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[(2) No objection as to the competence of a Court with reference to the pecuniary
limits of its jurisdiction shall be allowed by any Appellate or Revisional Court unless
such objection was taken in the Court of first instance at the earliest possible
opportunity, and, in all cases where issues are settled, at or before such settlement,
and unless there has been a consequent failure of justice.
(3) No objection as to the competence of the executing Court with reference to the
local limits of its jurisdiction shall be allowed by any Appellate or Revisional Court
unless such objection was taken in the executing Court at the earliest possible
opportunity, and unless there has been a consequent failure of justice.]
Section 21A. Baron suit to set aside decree on objection as to place of suing.
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[21A. Bar on suit to set aside decree on objection as to place of suing.-- No suit
shall lie challenging the validity of a decree passed in a former suit between the
same parties, or between the parties under whom they or any of them claim,
litigating under the same title, on any ground based on an objection as to the place
of suing.
Explanation.-- The expression former suit means a suit which has been decided prior
to the decision in the suit in which the validity of the decree is questioned, whether
or not the previously decided suit was instituted prior to the suit in which the
validity of such decree is questioned.]
Section 22. Power to transfer suits which may be instituted in more than one
Court.
Where a suit may be instituted in any one of two or more Courts and is instituted in
one of such Courts, any defendant, after notice to the other parties, may, at the
earliest possible opportunity and in all cases where issues are settled at or before
such settlement, apply to have the suit transferred to another Court, and the Court
to which such application is made, after considering the objections of the other
parties (if any), shall determine in which of the several Courts having jurisdiction the
suit shall proceed.
Section 23. To what Court application lies.
(I) Where the several Courts having jurisdiction are subordinate to the same
Appellate Court, an application under section 22 shall be made to the Appellate
Court.
(2) Where such Courts are subordinate to different Appellate Courts but to the same
High Court, the application shall be made to the said High Court.
(3) Where such Courts are subordinate to different High Courts, the application shall
be made to the High Court within the local limits of whose jurisdiction the Court in
which the suit is brought is situate.
Section 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 an order of
transfer, either retry it or proceed from the point at which it was transferred or
withdrawn.
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[(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.
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[(5) A suit or proceeding may be transferred under this section from a Court which
has no jurisdiction to try it.]
Section 25. Power of Supreme Court to transfer suits, etc.Previous Next
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[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 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.]
Section 26. Institution of suits.
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[(1)] Every suit shall be instituted by the presentation of a plaint or in such other
manner as may be prescribed.
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[(2) In every plaint, facts shall be proved by affidavit.]
*[Provided that such an affidavit shall be in the form and manner as prescribed
under Order VI of Rule 15A.]