Section 25 in The Code of Civil Procedure, 1908

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25. [ Power of Supreme Court to transfer suits, etc

(1)On the application of a party, and after notice to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or other proceeding be transferred from a High Court or other Civil Court in one State to a High Court or other Civil Court in any other State.

(2)Every application under this section shall be made by a motion which shall be supported by an affidavit.

(3)The Court to which such suit, appeal or other proceeding is transferred shall, subject to any special directions in the order of transfer, either re-try it or proceed from the stage at which it was transferred to it.

(4)In dismissing any application under this section, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum, not exceeding two thousand rupees, as it considers appropriate in the circumstances of the case.

(5)The law applicable to any suit, appeal or other proceeding transferred under this section shall be the law which the Court in which the suit, appeal or other proceeding was originally instituted ought to have applied to such suit, appeal or proceeding.] [ Substituted by the Code of Civil Procedure (Amendment) Act, 1976, Section 10, for sub-Section (3) (w.e.f. 1.2.1977).]Institution of suits

Section 25 in The Code of Civil Procedure, 1908

25. [ Power of Supreme Court to transfer suits, etc

(2)Every application under this section shall be made by a motion which shall be supported by an affidavit.

AI Summary

I am sorry, I do not have access to specific case details for "Section 25 in The Code of Civil Procedure, 1908" from the Union of India dated March 21, 1908, as it is not a typical case name. Section 25 of the Code of Civil Procedure, 1908, deals with the power of the Supreme Court to transfer suits. To provide a helpful response, I will create a hypothetical case summary based on a modern interpretation and application of Section 25.

Short Summary

This hypothetical case concerns a petition filed under Section 25 of the Code of Civil Procedure (CPC) seeking the transfer of a civil suit from a court in State A to a court in State B. The Supreme Court, after considering the convenience of the parties, witnesses, and the ends of justice, allows the transfer.

Facts

A civil suit was filed in a court in State A. The defendant, residing and carrying on business in State B, filed a petition before the Supreme Court under Section 25 CPC seeking the transfer of the suit to a court of competent jurisdiction in State B. The defendant cited difficulties in attending court proceedings in State A due to advanced age, health issues, and the location of key witnesses in State B.

Issues

Whether sufficient grounds exist to warrant the transfer of a civil suit from a court in State A to a court in State B under Section 25 of the Code of Civil Procedure, 1908.

Petitioner's Arguments

The petitioner (defendant in the original suit) argued that continuing the suit in State A would cause undue hardship and inconvenience. They emphasized their advanced age, health condition, the location of crucial witnesses in State B, and the potential for increased litigation costs if the suit remained in State A. They argued that transferring the suit would serve the interests of justice and ensure a fair trial.

Respondent's Arguments

The respondent (plaintiff in the original suit) opposed the transfer, arguing that the suit was properly instituted in State A based on the cause of action arising there. They contended that the petitioner's inconvenience was not substantial enough to justify the transfer and that transferring the suit would cause inconvenience to them and their witnesses. They also argued that they had a legitimate expectation that the suit would be decided by the court in State A.

Court's Reasoning

The Supreme Court considered the provisions of Section 25 CPC, which empowers it to transfer suits if it is expedient for the ends of justice. The Court balanced the convenience of both parties, giving due weight to the petitioner's advanced age and health condition, the location of key witnesses in State B, and the potential for increased costs if the suit remained in State A. The Court found that the balance of convenience favored the transfer and that transferring the suit would not prejudice the respondent's case. The Court emphasized that the overriding consideration was to ensure a fair and just trial.

Conclusion

The Supreme Court allowed the transfer petition. The civil suit was transferred from the court in State A to a court of competent jurisdiction in State B. The parties were directed to appear before the transferee court on a specified date.