The main prayer in this Transfer Petition (Civil) filed under Section 24 of the Code of Civil Procedure is as follows :

“In the above circumstances, it is most humbly prayed that this Hon'ble Court may be pleased to transfer CC No.42 of 2015 from the files of Consumer Disputes Redressal Forum, Alappuzha to any other District preferably to Consumer Disputes Redressal Forum, Ernakulam, in the interest of justice.”

2. Sri.Saigi Jacob Palatty, learned Senior Government Pleader was requested by this Court to assist this Court in this matter.

3. Essentially the petitioner seeks transfer of Complaint Case, CC No.42/2015 now pending on the file of the District Consumer Redressal Forum, Alappuzha to the District Consumer Redressal Forum, Ernakulam. The present application has been filed only under the enabling provisions of Section 24 of the CPC. From a mere reading of Section 24 of the CPC it appears that cases pending before the Consumer Disputes Redressal Forum may not come within the zone and province of Section 24 of the CPC. Section 24 of the CPC reads as follows :

“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 to 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(iii) re-transfer the same for trial or disposal to the court from which it was withdrawn.

(2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the court which is thereafter to try or dispose of such suit or proceeding may, subject to any special directions in the case of an order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn.

(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(4) The court trying any suit transferred or withdrawn under this section from a court of small causes shall, for the purposes of such suit, be deemed to be a court of small causes.

(5) A suit or proceeding may be transferred under this section from a court which has no jurisdiction to try it.”

3. A mere reading of sub-section (1) of Section 24 of the CPC would make it clear that the said provision empowers the High Court or the District Court concerned 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 to 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) re-transfer the same for trial or disposal to the court from which it was withdrawn.

4. Therefore, unless the court from which the case is sought to be transferred is held to be a court which is subordinate to the High Court or the District Court of the District concerned, as the case may be, the power under Section 24 of the CPC cannot be invoked. In other words, the expression “Court” appearing in Section 24 (1) could be broadly understood as Civil Court, as contemplated in Kerala Civil Court's Act, 1957 and the Code of Civil Procedure, 1908. However, it is also pertinent to note that there was divergence of opinion between the various High Courts on the issue as to whether the Motor Acc