CPC Section 25 — Power of Supreme Court to transfer suits, etc
Civil
Summary
A party in a legal case can ask the Supreme Court to move the case from a court in one state to a court in another state. The Supreme Court can do this at any stage if it believes the transfer is necessary for justice, but only after notifying all parties and hearing anyone who wants to speak. The request must be made through a formal motion supported by an affidavit. Once a case is transferred, the new court must either retry it or continue from the point where it was transferred, unless the Supreme Court gives special instructions. If the Supreme Court dismisses the request as frivolous or vexatious, it may order the person who made the request to pay up to two thousand rupees as compensation to anyone who opposed it. The law that applies to the case after transfer is the same law that the original court would have used.
Official Text
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.