Section 25 of the Code of Civil Procedure, 1908 (CPC), grants the Supreme Court of India the authority to transfer any case, appeal, or other proceedings from one High Court or civil court in one state to a High Court or civil court in another state. This provision is crucial for ensuring that justice is served in the most fair and convenient manner possible.

Legal Framework

Section 25 of the CPC states:

1. Transfer by Supreme Court: The Supreme Court may transfer any suit, appeal, or other proceeding from a High Court or other civil court in one State to a High Court or other civil court in any other State.
2. Expediency for Ends of Justice: The transfer can be ordered if the Supreme Court is satisfied that such a transfer is expedient for the ends of justice.

This section provides the Supreme Court with wide discretionary powers to order a transfer to achieve justice, considering factors like convenience of the parties, fair trial, and the overall interest of justice.

Grounds for Transfer

The Supreme Court may consider various grounds for transferring a case, including but not limited to:

1. Convenience of Parties: When the current court location poses significant inconvenience to one or more parties involved.
2. Fair Trial: If there are apprehensions of bias or an unfair trial in the current court.
3. Security Concerns: When the safety of the litigants, witnesses, or legal counsel is at risk.
4. Judicial Efficiency: To prevent delays and ensure the case is handled expeditiously.

Procedure for Filing a Transfer Petition

1. Drafting the Petition: The petitioner must draft a transfer petition outlining the reasons for requesting the transfer.
2. Supporting Documents: Attach necessary affidavits and documents supporting the claims made in the petition.
3. Filing the Petition: File the petition with the Supreme Court, along with the requisite court fees.
4. Notification and Hearing: The Supreme Court issues notices to the opposing parties and sets a date for the hearing.
5. Judicial Decision: After hearing arguments from both sides, the Supreme Court decides whether to grant the transfer.

Case Law Examples

Several landmark judgments illustrate the application of Section 25 CPC:

1. Guda Vijayalakshmi vs. Guda Ramachandra Sekhara Sastry: The Supreme Court transferred a matrimonial case considering the convenience of the wife who was residing far from the original court.
2. Dr. Subramanian Swamy vs. Ramakrishna Hegde: The case was transferred to ensure a fair trial free from local influence and bias.

Recent Judicial Observations

In a recent case, Isha Agarwal v. Anuj Agarwal, the Supreme Court dismissed a transfer petition filed by a woman who had frequently changed her residence.

The Division Bench, comprising Justices Prashant Kumar Mishra and K.V. Viswanathan, emphasized that allowing such petitions repeatedly would be unfair to the other party. The Bench remarked, “How can this be possible that you keep on shifting places and then come again and again and seek transfer at your ease? How is it balancing the other party’s right?”

This case highlights the Court’s cautious approach to prevent the misuse of Section 25 CPC and ensure that the provision is used judiciously to balance the interests of all parties involved.

Conclusion

Section 25 of the CPC is a powerful tool designed to uphold justice by enabling the transfer of cases to more suitable jurisdictions.

The Supreme Court, vested with this authority, exercises it to ensure that the ends of justice are met, considering various factors that might affect the fairness and convenience of the trial.

While the provision grants wide powers to the Supreme Court, it is applied with a balanced approach to prevent any potential abuse and to maintain judicial fairness

If you are seeking expert legal assistance for the transfer of a suit under Section 25 of the Code of Civil Procedure, Legal Light Consulting can provide comprehensive guidance and representation. Below is their contact information:

Legal Light Consulting

Expert Legal Assistance for Transfer of Suit Under Section 25 of the CPC

• Phone: 09999641341
• Email: legallightconsulting@gmail.com
• Website: Legal Light Consulting – LLC Lawyer Best Lawyer For Court Marriage

Services Offered:

• Case Evaluation: Assessing the grounds and merits of your transfer petition.
• Documentation and Filing: Assistance in drafting and filing the transfer petition with all necessary supporting documents.
• Legal Representation: Providing professional representation during Supreme Court hearings to advocate for your transfer request.

For personalized consultation and more information, please reach out to Legal Light Consulting using the provided contact details.