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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Part I: Suits In General

Section 24 CPC: General power of transfer and withdrawal

Bare Act text

24. 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(iii) retransfer the same for trial or disposal to the Court from which it was withdrawn.

(2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which [is thereafter to try or dispose of such suit or proceeding] may, subject to any special directions in the case of an order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn.

[(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(4) The Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes.

[(5) A suit or proceeding may be transferred under this section from a Court which has no jurisdiction to try it.]

Amendment notes

  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).

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

On a party's application, after notice and hearing, or on its own motion without notice, the High Court or District Court may at any stage transfer a suit, appeal or proceeding pending before it to a subordinate competent Court. It may also withdraw one from a subordinate Court and try it, transfer it to another competent subordinate Court, or retransfer it to the original Court. The Court receiving the case may retry it or continue from the stage reached, subject to any special directions. Sub-section (3) deals with the status of certain Courts for this section.

Part I: Suits In General

  1. 9 Courts to try all civil suits unless barred
  2. 10 Stay of suit
  3. 11 Res judicata
  4. 12 Bar to further suit
  5. 13 When foreign judgment not conclusive
  6. 14 Presumption as to foreign judgments
  7. 15 Court in which suits to be instituted
  8. 16 Suits to be instituted where subject-matter situate
  9. 17 Suits for immovable property situate within jurisdiction of different Courts
  10. 18 Place of Institution of suit where local limits of jurisdiction of Courts are uncertain
  11. 19 Suits for compensation for wrongs to person or movables
  12. 20 Other suits to be instituted where defendants reside or cause of action arises
  13. 21 Objections to jurisdiction
  14. 21A Bar on suit to set aside decree on objection as to place of suing
  15. 22 Power to transfer suits which may be instituted in more than one Court
  16. 23 To what Court application lies
  17. 24 General power of transfer and withdrawal
  18. 25 Power of Supreme Court to transfer suits, etc
  19. 26 Institution of suits
  20. 27 Summons to defendants
  21. 28 Service of summons where defendant resides in another State
  22. 29 Service of foreign summonses
  23. 30 Power to order discovery and the like
  24. 31 Summons to witness
  25. 32 Penalty for default
  26. 33 Judgment and decree
  27. 34 Interest
  28. 35 Costs
  29. 35A Compensatory costs in respect of false or vexatious claims or defences
  30. 35B Costs for causing delay
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