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Proof of Plea in Support of Transfer - Generally, under Section 24 CPC, the applicant is not required to prove their plea at the time of filing the transfer application. The section empowers courts to transfer cases based on grounds such as convenience, bias, or interest of justice, primarily on the basis of the application and supporting grounds presented. The courts primarily evaluate whether substantial grounds exist for transfer, rather than requiring the applicant to prove their plea beforehand. Jayendra Pratap Singh VS Sunil Kumar Chaudhary - Allahabad, Jayendra Pratap Singh VS Sunil Kumar Chaudhary - Allahabad, Jain Swetamwar Sangh Dhamotar VS Gajendra Singh S/o Shri Dayal Singh - Rajasthan, Jain Swetamwar Sangh Dhamotar VS Gajendra Singh S/o Shri Dayal Singh - Rajasthan, Meeta Agarwal VS Hathroigari Grah Nirman Sehkari Samiti - Rajasthan, Sukesh Ranjan Srivastava VS Pushpa Lata - Allahabad
Main Points:
Some cases clarify that the onus is on the applicant to establish sufficient grounds, but proof is generally not required at the time of filing; the court considers the application and evidence during hearing.
Analysis and Conclusion:
References:- Jayendra Pratap Singh VS Sunil Kumar Chaudhary - Allahabad, Jayendra Pratap Singh VS Sunil Kumar Chaudhary - Allahabad, Jain Swetamwar Sangh Dhamotar VS Gajendra Singh S/o Shri Dayal Singh - Rajasthan, Jain Swetamwar Sangh Dhamotar VS Gajendra Singh S/o Shri Dayal Singh - Rajasthan, Meeta Agarwal VS Hathroigari Grah Nirman Sehkari Samiti - Rajasthan, Sukesh Ranjan Srivastava VS Pushpa Lata - Allahabad
In the realm of civil litigation in India, transferring a proceeding from one court to another can be crucial for ensuring fairness and convenience. But a key question arises: In an Application for Transfer of Proceeding under Section 24 of the Code of Civil Procedure, should the Applicant Prove his Plea in Support of Transfer?
This issue is pivotal for litigants, lawyers, and courts alike. Section 24 of the CPC empowers higher courts to transfer suits, appeals, or proceedings to promote the ends of justice. However, the extent to which an applicant must 'prove' their grounds—such as bias, inconvenience, or fairness—remains a nuanced debate. This blog post delves into judicial precedents, burden of proof, and practical recommendations, drawing from key cases to provide clarity.
Note: This is general information based on legal precedents and not specific legal advice. Consult a qualified lawyer for your case.
Section 24 CPC grants discretionary power to District Courts, High Courts, and the Supreme Court to transfer cases. Sub-section (1) allows transfer on the application of any party, while sub-section (2) permits suo motu action. Common grounds include:- Convenience of parties or witnesses- Apprehension of bias or unfair trial- Interest of justice
The power is wide but must be exercised judiciously Shah Newaz Khan VS State of Nagaland - 2023 2 Supreme 531. Yet, the applicant's role in substantiating the plea is central. Courts do not grant transfers lightly, emphasizing the need for genuine grounds supported by evidence Juglesh Kumari VS Ifco Tokiyo General Insurance Company Limited - 2023 0 Supreme(All) 1738.
Generally, the applicant is required to substantiate and prove the specific plea or grounds supporting the transferJuglesh Kumari VS Ifco Tokiyo General Insurance Company Limited - 2023 0 Supreme(All) 1738. This means more than mere assertions; courts expect:- Demonstration of genuine grounds like inconvenience or bias Juglesh Kumari VS Ifco Tokiyo General Insurance Company Limited - 2023 0 Supreme(All) 1738.- Supporting evidence or affidavits to establish the plea Juglesh Kumari VS Ifco Tokiyo General Insurance Company Limited - 2023 0 Supreme(All) 1738Shah Newaz Khan VS State of Nagaland - 2023 2 Supreme 531.
In one key judgment, the court held that the applicant must support their claim with concrete grounds, such as bias, inconvenience, or other valid reasons, often supported by affidavits or evidence Juglesh Kumari VS Ifco Tokiyo General Insurance Company Limited - 2023 0 Supreme(All) 1738. Without this, vague allegations fail.
The decision to transfer rests on the court's satisfaction with the presented grounds Shah Newaz Khan VS State of Nagaland - 2023 2 Supreme 531. Courts exercise this power cautiously, rejecting unsubstantiated pleas. For instance:- Mere assertions without evidence are insufficient Vinita w/o Shri. Himanshu Agarwal VS Himanshu s/o Shri Bhanwar Lalji Agarwal - 2017 0 Supreme(Raj) 374.- The plea must be backed by tangible proof Vinita w/o Shri. Himanshu Agarwal VS Himanshu s/o Shri Bhanwar Lalji Agarwal - 2017 0 Supreme(Raj) 374.
However, the proof required is not as rigorous as in a full trial. It's about establishing prima facie credibility during the hearing.
While many rulings stress proof, other cases suggest a lighter threshold, particularly at the filing stage. Generally, the applicant is not required to prove their plea at the time of filing; courts assess substantial grounds during hearings Jayendra Pratap Singh VS Sunil Kumar Chaudhary - AllahabadJayendra Pratap Singh VS Sunil Kumar Chaudhary - AllahabadJain Swetamwar Sangh Dhamotar VS Gajendra Singh S/o Shri Dayal Singh - Rajasthan.
In matrimonial transfers, for example, wife applicants often succeed on convenience grounds without exhaustive proof Sonu Soni VS Jayesh Kumar Soni - 2015 Supreme(Raj) 1058 - 2015 0 Supreme(Raj) 1058. Similarly, in commercial disputes, Section 24(5) allows transfers from incompetent courts without stringent proof Fedora Sea Foods Pvt. Ltd. VS Apple Bio Technologies - 2024 Supreme(AP) 575 - 2024 0 Supreme(AP) 575.
One case noted: The plaintiff instead of asking for return of the plaint, moved a transfer application under Section 24 of Code of Civil Procedure KHURSHEEDA VS STATE OF U. P. - 2017 Supreme(All) 1017 - 2017 0 Supreme(All) 1017, highlighting procedural flexibility, though rejected for jurisdictional issues.
This nuance arises because Section 24 is discretionary and equity-based, focusing on justice over adversarial proof Shah Newaz Khan VS State of Nagaland - 2023 2 Supreme 531. Yet, failure to provide credible support often leads to dismissal Juglesh Kumari VS Ifco Tokiyo General Insurance Company Limited - 2023 0 Supreme(All) 1738.
Supporting documentation is crucial:- Affidavits detailing specific facts on bias or hardship Juglesh Kumari VS Ifco Tokiyo General Insurance Company Limited - 2023 0 Supreme(All) 1738.- Documents or witness statements for inconvenience Shah Newaz Khan VS State of Nagaland - 2023 2 Supreme 531.
Courts reject applications lacking this, as in cases where pleas were unsubstantiated or frivolous Shah Newaz Khan VS State of Nagaland - 2023 2 Supreme 531. In family matters, transfers between family courts proceed on balanced convenience Maya Pathak VS Santosh Pathak - 2018 Supreme(Jhk) 2072 - 2018 0 Supreme(Jhk) 2072ROSHI DEVI VS LALIT MOHEN CHAUDHARY - 2012 Supreme(UK) 81 - 2012 0 Supreme(UK) 81.
Even where proof isn't mandatory upfront, the onus remains on the applicant to establish sufficient grounds during hearings Jayendra Pratap Singh VS Sunil Kumar Chaudhary - Allahabad.
Courts caution against abuse: Incompetent suits can't be transferred via Section 24 KHURSHEEDA VS STATE OF U. P. - 2017 Supreme(All) 1017 - 2017 0 Supreme(All) 1017Khursheeda VS State of U. P. - Current Civil Cases.
To maximize success:1. Clearly articulate grounds (e.g., specific bias incidents or travel hardships).2. File detailed affidavits with evidence Juglesh Kumari VS Ifco Tokiyo General Insurance Company Limited - 2023 0 Supreme(All) 1738.3. Anticipate opposition: Provide prima facie proof to satisfy judicial discretion Shah Newaz Khan VS State of Nagaland - 2023 2 Supreme 531.4. Choose the right forum: High Court for broader transfers.
Failure to substantiate may result in rejection, wasting time and costs.
In summary, while applicants must generally substantiate their plea with evidence under Section 24 CPCJuglesh Kumari VS Ifco Tokiyo General Insurance Company Limited - 2023 0 Supreme(All) 1738, strict 'proof' like in trials isn't always required at filing—courts focus on substantial grounds and justice Jayendra Pratap Singh VS Sunil Kumar Chaudhary - AllahabadJain Swetamwar Sangh Dhamotar VS Gajendra Singh S/o Shri Dayal Singh - Rajasthan. The balance tips toward requiring credible support to avoid frivolous applications Shah Newaz Khan VS State of Nagaland - 2023 2 Supreme 531.
Litigants should prepare robust applications to leverage this discretionary power effectively. For tailored advice, consult a civil law expert.
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#Section24CPC, #TransferPetition, #CivilLaw
(A) Civil Procedure Code, 1908 - Section 24 - Transfer of case - Application for transfer rejected as no substantial grounds shown ... 24. ... issues included the nature and substantiation of bias against the Presiding Officer and whether the case warranted a transfer under Section ... Sunil Kumar Chaudhary and others ) under Section 24 of C.P.C. thereby rejecting the applicati....
(A) Code of Civil Procedure - Section 24 - Application for transfer of suit - Revisionist's plea for transfer of civil suit denied ... Sunil Kumar Chaudhary and others) under section 24 of C.P.C. thereby rejecting the application of revisionist for transfer of Civil Suit No. 678 of 2022 (Jayendra Pratap Singh v. ... The cardinal principle for the exercise of power under....
... ... Issues: The main issues were: 1) Can the suit be transferred under Section 24(5) of the C.P.C? ... (A) Civil Procedure Code, 1908 - Section 24(5), Commercial Courts Act, 2015 - Jurisdiction - Transfer of suit from Civil Court to ... ... ... Ratio Decidendi: The court ruled in favor of transferring the case, stating Section 24(5) permits transfer from an incompetent ... The Hon....
Section 24 CPC is revisable under Section 115 CPC as applicable in State of U.P - another application under Section 24 CPC by the ... Code of Civil Procedure, 1908 - Section 24, 115, 2 (14) - Constitution of India, 1950 - Article 226, 227 ... - Transfer of Regular Suit - Challenging order - Whether order passed by District judge under Section 24 CPC is....
TRANSFER - CIVIL PROCEDURE - Section 24 CPC - The court discussed Section 24 of the Code of Civil Procedure ... The court concluded that the petitioners could not invoke Section 24 CPC after the District Judge's order, reinforcing the principle ... Ratio Decidendi: The court held that the jurisdiction under Section 24 CPC is concurrent, allowing parti....
TRANSFER - CIVIL PROCEDURE - Section 24 CPC - The court discussed Section 24 of the Code of Civil Procedure ... The court concluded that the petitioners could not invoke Section 24 CPC to challenge the District Judge's order, as the appropriate ... However, it ultimately ruled that the petitioners could not invoke Section 24 CPC to challenge the Distri....
Transfer Application - Allegations of Bias and Prejudice - Section 24 of the Code of Civil Procedure - [Section 24] - The court ... allowed the transfer application under Section 24 of the Code of Civil Procedure, transferring the civil suit from the Court of ... Fact of the Case: The plaintiff filed a transfer application under Section 24 of the Cod....
Transfer Application - Civil Procedure - Section 24 of Code of Civil Procedure, 1908 - Summary p align ... No. 50 of 2023 has been filed by the applicant/Sukesh Ranjan Srivastava under Section 24 of Code of Civil Procedure, 1908 (in short "CPC") regarding transfer of Regular Suit No. 1291 of 2021 (Sukesh Ranjan Srivastava vs. Smt. ... Reading Sections 24 and 25 of the #....
(A) Civil Procedure Code, 1908 - Section 24 - Hindu Marriage Act, 1955 - Section 9 - Transfer application for matrimonial proceeding ... However, in the context of transfer, a proceeding under section 23 or 24 partakes the character of an "original proceeding' rather than an appellate proceeding.24. ... The present transfer....
The power under Section 24 of the CPC to transfer the suit is not available to the District and Session Judge. ... Courts Act, 2015 does not exclude the application of Section 24 of the CPC to commercial disputes of a specified value. ... JUDGMENT - Commercial Dispute - Code of Civil Procedure, 1908 - Section 24 - The court held that the Commercial ... Sub-Section (5) o....
This application has been filed under Section 24 of the Code of Civil Procedure for transfer of Original Suit no. 36 of 2017 from the court of Principal Judge, Family Court, Bokaro to the court of Principal Judge, Family Court, Dhanbad.
The plaintiff instead of asking for return of the plaint, moved a transfer application under Section 24 of Code of Civil Procedure. The District Judge, Baghpat has rejected the same saying that as the suit itself was incompetent, it cannot be transferred. Ultimately, it was found by the Civil Judge, (Junior Division), Baghpat that the valuation of suit was approximately 14 lakhs and, therefore, it was incompetent to try the same.
The plaintiff instead of asking for return of the plaint, moved a transfer application under section 24 of Code of Civil Procedure. Ultimately, it was found by the Civil Judge, (Junior Division), Baghpat that the valuation of suit was approximately 14 lakhs and, therefore, it was incompetent to try the same. The District Judge, Baghpat has rejected the same saying that as the suit itself was incompetent, it cannot be transferred.
Applicant-wife has laid this transfer application under Section 24 CPC seeking transfer of Civil Misc. Case No.421/2014 from Family Court No.1, Jodhpur to District Judge, Balotra.
3. This is a transfer application before this Court under Section 24 of the Code of Civil Procedure. Admittedly, their marriage was solemnized as per the Hindu rites and rituals on 2.3.2009 at Kotdwar, District Pauri Garhwal. The applicant Roshi Devi and the respondent Lalit Mohen Chaudhary are the wife and husband.
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