Transfer Of Cases

Question 1

Transfer of Suit u/s 22
When to apply?

Answer 1

-At the EPO
-Before settlement of issue (where
issues are settled at)

Question 2

application for transfer u/s 22.
Who will apply?

Answer 2

Any defendant

Question 3

transfer of suit u/s 22
To what court application lies?

Answer 3

-HCD (where several courts are under
Jurisdiction of different appellate
court i.e dj)
- DJ (where several courts are under
Jurisdiction of same dj)

Question 4

HCD or DJ has the general power to transfer S,A,P
At which stage of proceeding?

Answer 4

SECTION 24

Any stage

Question 5

HCD or DJ has the general power to transfer S,A,P.
In what way?

Answer 5

SECTION 24

-UAP
-Suo Motu

Question 6

What are the general powers of transfer of S,A,P of HCD, DJ

Answer 6

SECTION-24

a)transfer S,A,P pending before it to
Sub.C
b)withdraw S,A,P from any Sub.C. and
- try it by itself, or
- transfer to another court, or
- retransfer to the withdrawn from

Question 7

Procedure of Appearance upon transfer when transfer upon application by:
- defendant to transfer suit u/s 22 at EPO, or
-any party to transfer S,A,P u/s 24 at any stage thereof.

Answer 7

SECTION 24A(1)

Court shall fix a date of appearance before:
-itself (if it tries the S,A,P), or
-the court to which the S,A,P is trans-
ferred

Question 8

Procedure of Appearance upon transfer when transfer suo motu by HCD/DJ using its general power

Answer 8

SECTION-24(1)
Parties will be communicated about HCD/DJ’s order of transfer,on a pre-fixed DOA, by court from which S,A,P is to be transferred.