Who can transfer a civil case under Section 24 CPC?

Section 24 CPC empowers the High Court or District Court, subject to the statutory requirements, to transfer or withdraw suits, appeals and other proceedings pending before courts subordinate to it.

Can Section 24 CPC be used to transfer a civil case from one State to another?

An inter-State civil transfer is ordinarily governed by Section 25 CPC and falls within the jurisdiction of the Supreme Court, rather than a transfer under Section 24 by a District Court or High Court.

Is transfer automatic when bias is alleged?

No. A transfer request should be supported by specific, bona fide and legally relevant circumstances. Bare or reckless allegations against a judicial officer should be avoided.

Affidavit for Transfer Petition under Section 24 CPC

Jurisdiction matters: Section 24 CPC concerns transfer or withdrawal by a High Court or District Court in relation to courts subordinate to it. For an inter-State civil transfer, Section 25 CPC ordinarily places the transfer power with the Supreme Court.

Section 24 CPC gives the High Court and District Court a broad procedural power to transfer or withdraw a suit, appeal or other proceeding at any stage, subject to the statutory conditions. A party seeking transfer should present specific facts showing why transfer is necessary for the fair, convenient and effective administration of justice.

Competent Court High Court or District Court, depending on the subordinate courts and territorial structure involved.

Proceedings Covered Suit, appeal or other proceeding; Section 24 also expressly covers transfer and withdrawal powers.

Core Approach State precise, bona fide grounds and avoid vague or unsupported allegations against the court or judicial officer.

Sample Affidavit for Transfer Petition under Section 24 CPC

Use this as a general drafting specimen only. The forum, cause title, grounds and supporting documents must be adapted to the actual case and applicable High Court or District Court rules.

BEFORE THE HON'BLE ______________________________ AT __________________
TRANSFER PETITION / TRANSFER APPLICATION NO. ______ OF 20____
IN
CIVIL SUIT / APPEAL / PROCEEDING NO. ______ OF 20____
PENDING BEFORE THE COURT OF ______________________________

____________________________ PETITIONER / APPLICANT

VERSUS

____________________________ RESPONDENT

AFFIDAVIT

I, ____________________________, son/daughter/wife of ____________________________, aged about ____ years, resident of ________________________________________________________, do hereby solemnly affirm and state as follows:

1. That I am the petitioner/applicant in the accompanying transfer petition and am well acquainted with the facts and circumstances of the case. I am therefore competent to swear this affidavit.

2. That Civil Suit / Appeal / Proceeding No. ____________, titled ____________________________ v. ____________________________, is presently pending before the Court of ____________________________ at ________________.

3. That the present petition is being filed under Section 24 of the Code of Civil Procedure, 1908 seeking transfer of the aforesaid proceeding to a competent subordinate court at ____________________________, for the reasons stated below.

4. That the material circumstances supporting the request for transfer are: ________________________________________________________________________________.

5. That the above circumstances are genuine and substantial and the request for transfer is not made for delaying the proceeding, avoiding an adverse order or choosing a forum merely according to convenience.

6. That, where apprehension regarding a fair hearing is relied upon, the apprehension is based on the following specific events and circumstances: ________________________________________________________________________________. The applicant respectfully relies upon those facts without making any unnecessary or scandalous allegation against the Presiding Officer.

7. That the comparative convenience of the parties and witnesses is as follows: ________________________________________________________________________________.

8. That the proposed transferee court is competent to try or dispose of the proceeding and is subordinate to the court exercising transfer jurisdiction, subject to the applicable statutory and territorial requirements.

9. That transfer of the proceeding would facilitate fair and effective adjudication and would not cause undue prejudice to the respondent. Any inconvenience can be appropriately addressed by directions of this Hon'ble Court.

10. That the accompanying transfer petition has been filed bona fide and in the interest of justice.

11. That it is therefore just and necessary that this Hon'ble Court may be pleased to transfer Civil Suit / Appeal / Proceeding No. ____________ from the Court of ____________________________ to the Court of ____________________________, or to such other competent court as this Hon'ble Court may deem fit.

DEPONENT

VERIFICATION

Verified at ________________ on this ____ day of ________________, 20____, that the contents of paragraphs 1 to ____ above are true and correct to my knowledge and/or based on records believed by me to be true, and that nothing material has been concealed therefrom.

DEPONENT

Complete oath, identification, attestation or notarisation formalities in accordance with the rules and practice applicable to the court where the petition is filed.

Section 24 CPC: General Power of Transfer and Withdrawal

Section 24(1) authorises the High Court or District Court, on the application of a party after notice and hearing as prescribed, or on its own motion, to transfer a suit, appeal or other proceeding pending before it to a subordinate court competent to try or dispose of it.

The provision also enables withdrawal of a suit, appeal or other proceeding pending in a subordinate court. The High Court or District Court may try or dispose of the matter itself where legally permissible, transfer it to another competent subordinate court, or retransfer it.

Section 24 further provides that a transferee court may, subject to special directions, either retry the suit/proceeding or continue from the stage at which it was transferred. The statutory definition of "proceeding" includes a proceeding for execution of a decree or order.

Official Code of Civil Procedure, 1908 - India Code

Grounds Commonly Relevant to a Section 24 Transfer Request

A transfer petition should turn on the actual circumstances of the case. Depending on the facts, relevant considerations may include the interests of justice, reasonable and substantiated apprehension affecting a fair hearing, convenience of parties and material witnesses, avoidance of conflicting proceedings, connected litigation, accessibility, health or other genuine hardship, and efficient conduct of the proceeding.

Allegations of bias or unfairness should not be made casually. If such a ground is genuinely relied upon, the affidavit should state concrete events and material circumstances rather than conclusions, insults or speculative accusations.

Section 24 CPC and Section 25 CPC: Know the Difference

Section 24 CPC concerns the transfer and withdrawal powers of a High Court or District Court over matters connected with courts subordinate to it.

Section 25 CPC empowers the Supreme Court, on an application by a party and after notice and hearing, to transfer a suit, appeal or other proceeding from a High Court or civil court in one State to a High Court or civil court in another State where such transfer is expedient for the ends of justice.

An application under Section 25 is expressly required by the CPC to be made by motion supported by an affidavit. Therefore, a party seeking an inter-State civil transfer should not simply adapt a Section 24 petition without checking the correct jurisdiction and Supreme Court procedure.

Practical Filing Notes

Identify the exact pending case, court, stage of proceeding and proposed transferee court.
Explain how the transfer court has jurisdiction under Section 24 and how the proposed transferee court is competent.
State all material facts chronologically and attach supporting orders, case-status records, medical records, travel information or other documents relied upon.
Avoid vague allegations against a judge. If a fair-hearing apprehension is pleaded, identify specific events and explain why they create a reasonable and bona fide apprehension.
Disclose related proceedings and earlier transfer applications, if any.
Where urgent protection is sought, separately address whether stay of further proceedings is necessary pending disposal of the transfer petition.
Check applicable High Court rules, State amendments, filing procedure, court fees, affidavit rules and territorial jurisdiction before filing.

Frequently Asked Questions

Can a District Court transfer a suit under Section 24 CPC?

Yes, Section 24 expressly confers transfer and withdrawal powers on both the High Court and District Court, subject to the statutory requirements concerning subordinate courts and competence.

Can a High Court transfer a matter on its own motion?

Section 24 permits the High Court or District Court to act on an application by a party or on its own motion. The statutory notice and hearing position differs depending on the manner in which the power is exercised.

Can Section 24 be used for execution proceedings?

Yes. Section 24(3) provides that "proceeding" includes a proceeding for execution of a decree or order.

Which provision applies to transfer a civil case from one State to another?

Section 25 CPC is the provision dealing with the Supreme Court's power to transfer a civil suit, appeal or other proceeding from one State to another.

Legal information notice: This is a general drafting specimen. The proper forum and grounds depend on the subordinate-court structure, territorial jurisdiction, nature of the pending proceeding and applicable High Court or District Court rules.