AI Overview...
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Section 24(5) - Power of Transfer
The provision allows courts to transfer suits or proceedings from a court that lacks jurisdiction to try the case. It was inserted by the 1976 amendment to address situations where the original court is not competent to hear the matter. The transfer can be initiated even if the court from which the case is to be transferred does not have jurisdiction. The main purpose is to prevent unnecessary delays and ensure cases are tried in proper forums Cholasseri Hamza VS T. V. Udayaraj - Kerala, Sherly VS Sukumari Amma - Current Civil Cases, BHAGMANI (DEAD) VS Vth ADDITIONAL DISTRICT JUDGE, BALLIA - Allahabad, Sherly VS Sukumari Amma - Kerala. -
Scope and Application
The section is applicable to various types of suits, including civil and family cases, and can be invoked to transfer cases between courts of different jurisdictions or special courts like Family Courts Sherly VS Sukumari Amma - Current Civil Cases, Sherly VS Sukumari Amma - Kerala. It does not require the court from which the case is transferred to have jurisdiction; the focus is on transferring from a court that cannot try the case properly BHAGMANI (DEAD) VS Vth ADDITIONAL DISTRICT JUDGE, BALLIA - Allahabad. -
Procedure and Judicial Discretion
Transfer under Section 24(5) is at the discretion of the court, which must exercise its power judiciously. Petitions for transfer should be based on valid grounds, such as improper jurisdiction or convenience, and the court's decision should be reasoned Durairaj & Another VS S. K. M. Animal Feeds and Foods India Ltd. - Madras, Malabika Saikia Dutta W/o Late Mridul Kumar Dutta VS Dipa Chaliha W/o Lakhinath Chaliha - Gauhati. The courts are expected to avoid overly technical approaches and ensure justice is served efficiently BHAGMANI (DEAD) VS Vth ADDITIONAL DISTRICT JUDGE, BALLIA - Allahabad. -
Legal Developments & Interpretation
The 1976 amendment clarified the scope of transfer powers, emphasizing flexibility in transferring cases even when the original court lacks jurisdiction. The courts have also interpreted that the transfer can occur even if the case was improperly valued or filed in a non-competent court, provided the conditions of Section 24(5) are met BHAGMANI (DEAD) VS Vth ADDITIONAL DISTRICT JUDGE, BALLIA - Allahabad, Murari Lal VS Raman Lal - Allahabad. -
Specific Cases & Examples
Several rulings highlight that transfer under Section 24(5) can be sought on grounds such as adverse orders by a judge in related cases, improper valuation, or jurisdictional issues. For instance, transfers have been granted when the same judge has passed adverse orders or when suits are pending in courts without jurisdiction Mahesh Prasad Sen (Napit) VS Dhannulal Namdev - Madhya Pradesh, Khursheeda VS State of U. P. - Current Civil Cases, Malabika Saikia Dutta W/o Late Mridul Kumar Dutta VS Dipa Chaliha W/o Lakhinath Chaliha - Gauhati.
Analysis and Conclusion
Section 24(5) of the Civil Procedure Code (1908) provides a broad and flexible power to transfer cases from courts lacking jurisdiction, ensuring cases are tried in appropriate forums. Its primary aim is to promote judicial efficiency and prevent unnecessary procedural delays. Courts must exercise this power judiciously, considering the circumstances of each case, including jurisdictional issues, convenience, and fairness. The section's interpretation has evolved through various rulings to accommodate the needs of modern judicial administration, including transfers involving family courts and specialized tribunals.
References:
- Cholasseri Hamza VS T. V. Udayaraj - Kerala, Sherly VS Sukumari Amma - Current Civil Cases, BHAGMANI (DEAD) VS Vth ADDITIONAL DISTRICT JUDGE, BALLIA - Allahabad, Durairaj & Another VS S. K. M. Animal Feeds and Foods India Ltd. - Madras, Malabika Saikia Dutta W/o Late Mridul Kumar Dutta VS Dipa Chaliha W/o Lakhinath Chaliha - Gauhati, Murari Lal VS Raman Lal - Allahabad, Khursheeda VS State of U. P. - Current Civil Cases, Mahesh Prasad Sen (Napit) VS Dhannulal Namdev - Madhya Pradesh
Search Results for "Civil Procedure Code s 24 5"
2023 0 Supreme(MP) 904 • India - Madhya Pradesh
VIVEK JAIN
C., 1908 -- S. 24(5) -- transfer of case -- sought on ground that same Judge passed adverse order against petitioner in some other ... Civil P. ... [4, 10 & 18 flfoy izfØ;k lafgrk] 1908 && /kkjk 24¼5½ && ekeys dk varj.k && bl ... By the said order, the Principal District Judge rejected application of petitioner filed under section 24 (5) of the Code of Civil Procedure for transferring the pending Civil Suit No. 20-A/2021 from the C....
2016 0 Supreme(Ker) 74 • India - Kerala
THOTTATHIL B.RADHAKRISHNAN, ANU SIVARAMAN
Civil Procedure Code, 1908 - Section 24(5) - Power of transfer and withdrawal - Jurisdiction - A suit or ... Repeated situations as afore-noted would have prompted the Parliament to amend Section 24 of the CPC in 1976, to include sub-section 5 therein, resultantly providing that a suit or proceeding may be transferred, under Section 24 of CPC from a court which has no jurisdiction to try. ... The request is that the said appeal be withdrawn to this C....
• India - Current Civil Cases
K.T.SANKARAN
(A) Civil Procedure Code, 1908— Section 24(5) —Transfer of suit-—Not necessary that Court from which case is to be transferred must ... (Para 7) ... (B) Civil Procedure Code, 1908—Section 24—Family Courts ... Sub-section (5) of Section 24 was inserted by the Code of Civil Procedure (Amendment) Act, 1976, providing that a suit or proceeding may be transferred under this section from a Court which has on jurisdiction to try it. ... 7. ... In order to a....
2006 0 Supreme(Mad) 3040 • India - Madras
R.BANUMATHI
(A) Civil Procedure Code (5 of 1908), Section 24 - Petitions for transfer of suits - Power of transfer has to be exercised with due ... Code (5 of 1908), Section 24 - Any clarification sought for by the Judge only helps the Court to clear the disputed questions in ... ... (B) Indian Evidence Act (1 of 1872), Section 165 - Civil Procedure ... Judgment :- ... (Petition filed under section 24 CPC to withdraw the Suit O.S.Nos.104 & 106/2004 on the file....
• India - Current Civil Cases
SUNITA AGARWAL
Civil Procedure Code, 1908—Section 24(5) and Order VII Rule 10—Return of plaint—Date of presentation of plaint in Court of competent ... Judge (Junior Division) cannot said to be a proper presentation of plaint—Question of transfer under Section 24 (5) of CPC does ... institution of suit—Defendants raised objections with regard to valuation of suit and said objections have been sustained by Court of Civil ... The contention of the learned Counsel for the petitioner is....
2009 0 Supreme(All) 1677 • India - Allahabad
S.U.KHAN
Code of Civil Procedure, 1908—Sections 24(1) and 24(5), Order VI, Rule 17 and Order VII, Rule 10—Civil suit having valuation of Rs ... erroneous—District Judge has power under Section 24(5) to transfer suit to a Court also which has no jurisdiction—Ultimately, High ... Court holding that Courts below acted in extremely technical manner, directed Civil Judge to dispose it of expeditiously. ... This view is clearly erroneous in law and against the prov....
2022 0 Supreme(Gau) 669 • India - Gauhati
DEVASHIS BARUAH
Civil Procedure Code, 1908 - Section 24(5) - Order VII Rule 10,11 – Criminal Procedure Code,1973 - Section ... The petition filed under Section 24(5) of the CPC read with Order VII Rule 10 and 11 of the CPC by the Opposite Party Nos. 1 to 4 before the Trial Court, it has been mentioned that the deceased ordinarily resided at the time of his death at Hojai Town, District Hojai (New) Nagaon (Old) Assam as the deceased ... As submitted by the learned Senior counsel for t....
1977 0 Supreme(All) 254 • India - Allahabad
M.P.MEHROTRA
- SECTION 24(5) - INTERPRETATION. ... The court further held that the newly added provision of Section 24(5) C.P.C., which allows the transfer of suits or proceedings ... Whether the newly added provision of Section 24(5) C.P.C. can be interpreted to validate orders which were passed in the past and ... Reliance was placed on the newly added provision contained in sub-sec. (5) of S. 24 C.P.C. whic....
2011 0 Supreme(Ker) 241 • India - Kerala
K.T.SANKARAN
Civil Procedure Code, 1908 - Section 24(5) - Family Courts Act, 1984 - Sections 7 and 8 - Jurisdiction - ... Whether suit pending before subordinate Court can be transferred to Family Court except under section 8 - Held, In view of sub-s.(5) ... of S.24, it is not necessary that Court from which the case is to be transferred must have jurisdiction to try the suit - Even if ... Sub-section (5) of Section 24 was inserted by the Code of Civil Procedure ....
2025 Supreme(Online)(Ker) 46690 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. NATARAJAN, J
This transfer petition concerns the request to transfer a Commercial Suit to the Civil Court. ... Whether the petitioner made out a ground for transferring the case from the commercial court to the civil court as per Section 24(5) of CPC? ... (5) of CPC. ... As stated by the learned counsel for the petitioner under Section 24 (5) of the CPC, the plaint has to be returned to the plaintiff for the purpose of filing b....
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