Sections 23 and 24 of the Code of Civil Procedure, 1908

Section 23 CPC identifies the Court to which an application under Section 22 for transfer of a suit is to be made. Section 24 gives the High Court and District Court broad powers to transfer or withdraw suits, appeals and other proceedings.

Legal text reviewed: September 6, 2026. The central provisions below should be read with applicable State amendments, High Court rules and binding judicial decisions.

Section 23 CPC

To what Court application lies

(1) Where the several Courts having jurisdiction are subordinate to the same Appellate Court, an application under section 22 shall be made to the Appellate Court.

(2) Where such Courts are subordinate to different Appellate Courts but to the same High Court, the application shall be made to the said High Court.

(3) Where such Courts are subordinate to different High Courts, the application shall be made to the High Court within the local limits of whose jurisdiction the Court in which the suit is brought is situate.

In brief: Section 23 identifies the proper superior Court for an application under Section 22 by looking at whether the Courts that could try the suit are subordinate to the same Appellate Court, the same High Court, or different High Courts.

Section 24 CPC

General power of transfer and withdrawal

(1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage -

transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or
withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and -
1. try or dispose of the same; or
2. transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or
3. retransfer the same for trial or disposal to the Court from which it was withdrawn.

(2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which is thereafter to try or dispose of such suit or proceeding may, subject to any special directions in the case of an order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn.

(3) For the purposes of this section -

Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court;
proceeding includes a proceeding for the execution of a decree or order.

(4) The Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes.

(5) A suit or proceeding may be transferred under this section from a Court which has no jurisdiction to try it.

In brief: Section 24 gives the High Court and District Court extensive transfer and withdrawal powers, exercisable either on a party's application or, in appropriate cases, on the Court's own motion.

Important amendment notes

Section 24(2) was amended by the Code of Civil Procedure (Amendment) Act, 1976, section 10, with effect from February 1, 1977.
Section 24(3) was substituted by the same 1976 amendment.
Section 24(5) was inserted by the same 1976 amendment with effect from February 1, 1977.

Official reference: India Code - Official Legislative Portal. Search for "The Code of Civil Procedure, 1908" and refer to Sections 23 and 24. For litigation or professional use, also verify applicable State amendments, High Court rules and current judicial interpretation.