General power of transfer and withdrawal
Section 24 of the Code of Civil Procedure, 1908 deals with general power of transfer and withdrawal. 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 tria The Act came into force on 01 Jan 1909.
(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(iii) retransfer the same for trial or disposal to the Court from which it was withdrawn.
(2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which 1[is thereafter to try or dispose of such suit or proceeding] may, subject to any special directions in the case of an order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn.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(4) The Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes.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.]
Section 24, 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.
Referred to by 1
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.
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Kulwinder Kaur @ Kulwinder Gurcharan Singh v. Kandi Friends Education Trust
Court's Decision & Legal Precedent
Judgment of Main Case order-7.pdf 2008-01-11 DATE VERIFIED. CA 338/2008. Thakker/Katju. CPC 24 transfer power is discretionary but requires application of mind and reasons; a court cannot transfer ipse dixit. Illustrative grounds include fair trial and convenience of parties/witnesses. Mentions s.25 / Art 136 in passing — do not pad those.
On this section: s.24 transfer power is discretionary but needs reasoned application of mind; a court cannot transfer ipse dixit (Kulwinder Kaur).
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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: Provides general power of transfer and withdrawal of suits, appeals or other proceedings by High Court or District Court at any stage, either on application of a party or suo motu. Such transfer can only be made to courts subordinate to the transferring court. Court clarified that Section 24 does not authorize transfer to courts subordinate to different High Courts.
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Ongc LTD vs Modern Construction and CO
Court's Decision & Legal Precedent
When a plaint is returned from a court lacking territorial jurisdiction under Order VII Rule 10 CPC and subsequently presented in a court of competent jurisdiction, the plaint must be treated as a fresh suit not as a continuation of the original suit. Consequently, interest on money decrees accrues from the date of presentation in the competent court, not from the date of original institution in the incompetent court. While Section 14 of the Limitation Act 1963 permits exclusion of the period spent before the incompetent court for limitation purposes, this exclusion does not apply to interest calculation. Further, a party cannot be permitted to benefit from its own mistake in choosing an incompetent forum, and the executing court cannot go behind the decree by reinterpreting the words thereof.
On this section: Court's power to transfer suits; distinguished from Order VII Rule 10 return of plaint; transfer contemplates continuation while return contemplates fresh suit presentation
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Smt. Manjula H vs Sri. Ramachandra G C
Court's Decision & Legal Precedent
In matrimonial transfer applications under Section 24 of CPC, the convenience of the wife, especially when she is a working mother managing the custody and education of a child, and already prosecuting prior litigation at her place of residence, must be given overriding preference.
On this section: General power of High Court to transfer suits, appeals or other proceedings from one subordinate court to another based on equity and convenience of the parties.
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… the aforesaid twelve members, contending that they were merely sub-lessees, and that Respondent No. 1 had become the owner of the property as it had purchased the suit property from the original owners. 2.2 On 12.08.2016, the petitioners herein, being six members of the Jhaveri family, filed an application under Section 24 of the Code of Civil Procedure (hereinafter 'CPC') before the High Court of Bombay, seeking clubbing together of the aforesaid suits so that they could be heard together. 2.3 This application seeking clubbing together of suits was opposed by Respondent Nos. 3-5 vide reply dated 22.12.2016 on the ground that the …
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… What is important to note herein is that it is only certain provisions of the CPC that stand amended by the Schedule annexed to the Act, and Section 24 of the CPC is not one of such provisions. 34. Section 16 of the Act is reproduced as under: "16. Amendments to the Code of Civil Procedure, 1908 in its application to commercial disputes.—(1) The provisions of the Code of Civil Procedure, 1908 (5 of 1908) shall, in their application to any suit in respect of …
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 24
What have the courts held on Section 24 of the Code of Civil Procedure?
Kulwinder Kaur @ Kulwinder Gurcharan Singh v. Kandi Friends Education Trust (11 Jan 2008) is the leading judgment on this section among those set out below: s.24 transfer power is discretionary but needs reasoned application of mind; a court cannot transfer ipse dixit (Kulwinder Kaur). Another 3 judgments on this section are set out below, 3 of them from the Supreme Court. They run from 2008 to 2024.
How do I find court cases under Section 24 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 24, section 24 CPC, section 24 of the Code of Civil Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 4 reported judgments on this section are set out on this page, beginning with Kulwinder Kaur @ Kulwinder Gurcharan Singh v. Kandi Friends Education Trust (11 Jan 2008).
What should I read with Section 24 of the Code of Civil Procedure, and has it changed?
1 other provision in this corpus refers back to it. One instrument names it without being made under it, most recently APPENDIX H MISCELLANEOUS (1908).
When did Section 24 of the Code of Civil Procedure come into force?
Section 24 of the Code of Civil Procedure, cited as CPC 24, 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.