Section 23 of Code of Civil Procedure 1908 "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.
Section 24 of Code of Civil Procedure 1908 "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
(a) 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
(b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and
(i) try or dispose of the same; or
(ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or
(iii) retransfer the same for trial or disposal to the Court from which it was withdrawn.
(2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which 1[is thereafter to try or dispose of such suit or proceeding] may, subject to any special directions in the case of an order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn.
2[(3) For the purposes of this section,
(a) Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court;
(b) 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(4) The Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes.
3[(5) A suit or proceeding may be transferred under this section from a Court which has no jurisdiction to try it.]
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1. Subs. by Act 104 of 1976, s. 10, for " thereafter tries such suit" (w.e.f. 1-2-1977).
2. Subs. by s. 10, ibid., for sub-section (3) (w.e.f. 1-2-1977).
3. Ins. by s. 10, ibid, (w.e.f. 1-2-1977).