To what Court application lies
Section 23 of the Code of Civil Procedure, 1908 deals with to what Court application lies. 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. The Act came into force on 01 Jan 1909.
(I) 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 23, The Code of Civil Procedure, 1908 (Act 5 of 1908).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Durgesh Sharma vs Jayshree
Court's Decision & Legal Precedent
A High Court has no power, authority or jurisdiction to transfer a case, appeal or other proceeding pending in a Court subordinate to it to any Court subordinate to another High Court. Only the Supreme Court of India, in exercise of power under Section 25 of the Code of Civil Procedure, 1908, can effect such transfer. Section 23(3) of the CPC is merely a procedural provision specifying the forum for making an application and does not confer substantive power of transfer. Where courts are subordinate to different High Courts, application for transfer must be made to the Supreme Court under Section 25. The provisions of Sections 22 to 25 of the CPC relating to transfer are exhaustive in nature, and no other provision or inherent power can be invoked to effect inter-High Court transfers.
On this section: Specifies the forum where an application under Section 22 may be made. Court held that Section 23 is merely procedural in nature, providing the mode and manner of approaching a court, not a provision that empowers a court to order transfer. Subsection (3) applies only to courts subordinate to different appellate courts within the same High Court jurisdiction.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 23
What have the courts held on Section 23 of the Code of Civil Procedure?
Durgesh Sharma vs Jayshree (26 Sep 2008) is the leading judgment on this section among those set out below: Specifies the forum where an application under Section 22 may be made. Court held that Section 23 is merely procedural in nature, providing the mode and manner of approaching a court, not a provision that empowers a court to order transfer. Subsection (3) applies only to courts subordinate to different appellate courts within the same High Court jurisdiction.
How do I find court cases under Section 23 of the Code of Civil Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CPC 23, section 23 CPC, section 23 of the Code of Civil Procedure. People searching for it also type cpc 23 rule 3. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Durgesh Sharma vs Jayshree (26 Sep 2008).
What should I read with Section 23 of the Code of Civil Procedure, and has it changed?
Its own text turns on section 22 (Power to transfer suits which may be instituted in more than one Court), so none of them can safely be read on its own.
When did Section 23 of the Code of Civil Procedure come into force?
Section 23 of the Code of Civil Procedure, cited as CPC 23, came into force on 01 Jan 1909, having been enacted on 21 Mar 1908. It is in force as at the date shown on this page.
Other sections of this Act
- 115. Revision2475 words
- 60. Property liable to attachment and sale in execution of decree1869 words
- 2. Definitions890 words
- 9. Courts to try all civil suits unless barred714 words
- 42. Powers of Court in executing transferred decree653 words
- 92. Public charities610 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.