CPC Section 23 — To what Court application lies

Civil

Summary

If multiple courts that could handle a case are all under the same higher court, the request to transfer the case must be made to that higher court. If those courts are under different higher courts but all under the same High Court, the request must go to that High Court. If the courts are under different High Courts, the request must be made to the High Court that has authority over the area where the original lawsuit was filed.

Official Text

(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.