Section 4 of the Code of Civil Procedure (Section 4 CPC) in India deals with the power of courts to transfer cases. The section states that:
“Any Civil Court may, if it is satisfied that an action has been instituted or is proceeded with with the object of vexation or oppression, or that the ends of justice would be served by the transfer of an action from a court subordinate to that to which the application is made, transfer any suit, appeal or other proceeding pending before it for trial or disposal to any other court.”
This section (Section 4 CPC) gives the power to civil courts to transfer a case if it is satisfied that the action has been instituted or is proceeded with with the object of vexation or oppression, or if the transfer would serve the ends of justice.
An example of a case where this section would be applicable is if a person living in Delhi files a case against another person living in Mumbai in a court in Delhi, when the cause of action arose in Mumbai. In this case, the court in Delhi may transfer the case to a court in Mumbai, as it would be more convenient for the parties and the transfer would serve the ends of justice.
- What is the power of civil courts to transfer cases according to Section 4 of the CPC? Civil courts have the power to transfer cases to other courts if it is satisfied that the action has been instituted or is proceeded with with the object of vexation or oppression, or if the transfer would serve the ends of justice.
- When can a civil court transfer a case? A civil court can transfer a case if it is satisfied that the action has been instituted or is proceeded with with the object of vexation or oppression, or if the transfer would serve the ends of justice.
- Can a civil court transfer a case after the proceedings have begun? Yes, a civil court can transfer a case even after the proceedings have begun.
- Is the consent of the parties required for a case to be transferred? No, the consent of the parties is not required for a case to be transferred. The decision to transfer a case is solely at the discretion of the court.
- How does the transfer of a case serve the ends of justice? The transfer of a case serves the ends of justice by ensuring that the case is heard in a court that is geographically convenient for the parties, which can make it easier for the parties to attend court proceedings, and by ensuring that the case is heard by a court that is best suited to hear and decide the case.
){kind=link}
0 Comments