22. Power to transfer suits which may be instituted in more than one Court.—Where a suit may be instituted in any one of two or more Courts and is instituted in one of such Courts, any defendant, after notice to the other parties, may, at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, apply to have the suit transferred to another Court, and the Court to which such application is made, after considering the objections of the other parties (if any), shall determine in which of the several Courts having jurisdiction the suit shall proceed.
Section 22 CPC: Power to transfer suits which may be instituted in more than one Court
Bare Act text
Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.
In simple words
Where a suit may be instituted in any one of two or more Courts and is instituted in one of them, any defendant may, after notice to the other parties, apply to have it transferred to another Court. The application must be made at the earliest possible opportunity, and before issues are settled where they are settled. The Court applied to considers the objections of the other parties and decides which of the Courts having jurisdiction shall try the suit.
Part I: Suits In General
- 9 Courts to try all civil suits unless barred
- 10 Stay of suit
- 11 Res judicata
- 12 Bar to further suit
- 13 When foreign judgment not conclusive
- 14 Presumption as to foreign judgments
- 15 Court in which suits to be instituted
- 16 Suits to be instituted where subject-matter situate
- 17 Suits for immovable property situate within jurisdiction of different Courts
- 18 Place of Institution of suit where local limits of jurisdiction of Courts are uncertain
- 19 Suits for compensation for wrongs to person or movables
- 20 Other suits to be instituted where defendants reside or cause of action arises
- 21 Objections to jurisdiction
- 21A Bar on suit to set aside decree on objection as to place of suing
- 22 Power to transfer suits which may be instituted in more than one Court
- 23 To what Court application lies
- 24 General power of transfer and withdrawal
- 25 Power of Supreme Court to transfer suits, etc
- 26 Institution of suits
- 27 Summons to defendants
- 28 Service of summons where defendant resides in another State
- 29 Service of foreign summonses
- 30 Power to order discovery and the like
- 31 Summons to witness
- 32 Penalty for default
- 33 Judgment and decree
- 34 Interest
- 35 Costs
- 35A Compensatory costs in respect of false or vexatious claims or defences
- 35B Costs for causing delay