-Report by Umang Kanwat
If the High Court is the common High Court for two or more States under Article 231 of the Constitution and both the Civil Courts (transferor and transferee) are subordinate to it, the power under Section 24 of the Civil Code of Procedure may be exercised by the High Court even for the interstate transfer of a suit, appeal, or another proceeding. Section 25 applies to the interstate transfer of a suit, appeal, or another proceeding where both States have a High Court under Article 214 of the Constitution. The present case of Shah Newaz Khan & Ors. V State Of Nagaland & Ors. deals with an appeal regarding the issue of such an interstate transfer of suits between courts.
FACTS:
A request to transfer a case from the district judge’s court in Dimapur, Nagaland, to the district judge’s court in Guwahati, Assam, was denied by the Gauhati High Court in this case. Two issues, in particular, were raised before the Apex Court in the present appeal :
(1) According to section 25 of the Code of Civil Procedure (hereafter referred to as “the CPC”), is the Supreme Court the only body with the authority to order the transfer of a lawsuit, appeal, or another process from a civil court in one state to a civil court in another state?
(2) Is it permissible for a High Court to consider a transfer request under section 24 of the CPC and transfer a suit, appeal, or another proceeding from one Civil Court to another Civil Court for consideration and decision if the High Court is the common High Court for two or more States?
APPELLANT’S CONTENTIONS:
The appellant argued that if the High Court is the common High Court for two or more States according to Article 231 of the Constitution and both the Civil Courts (transferor and transferee) are subordinate to it, the power under Section 24 of the CPC may be exercised by the High Court even for the interstate transfer of a suit, appeal, or another proceeding. Section 25 applies to the interstate transfer of a suit, appeal, or another proceeding where both States have a High Court according to Article 214 of the Constitution. The learned advocate prayed before the court for a new review of the appellants’ request under section 24 of the CPC. As an alternative, he argued that section 25 applicability can be taken into account by us on its own merits.
RESPONDENT’S CONTENTIONS:
The respondent retaliated that the provisions of both sections 24 and 25 of the Code must be examined because this involves an inter-State transfer and not an intra-State transfer simplicity to understand whether the common High Court has the authority to withdraw any suit, appeal, or other proceeding pending before any Court subordinate to it from one State and to transfer the same to any Court subordinate to it, in another State. After taking into account the arguments made, it is obvious that the legislative intent was clear: under section 25 of the CPC, only the Supreme Court has the power to ordain the transfer of a lawsuit, appeal, or another legal proceeding from one civil court in a state to another civil court in a different state. The CPC’s section 25 expressly and only grants this authority, hence a High Court cannot use it.
The legal counsel for the respondent argued in favour of upholding the contested judgement rather than having it overturned.
JUDGEMENT:
The questions framed at the beginning of this case were answered by concluding that :
(1) Section 25 of the CPC applies to an interstate transfer of a lawsuit, appeal, or another proceeding when both States have a high court under Article 214 of the Constitution, but not when both States have a common high court under Article 231 of the Constitution; and 46.
(2)Additionally, if the High Court is the common High Court for two or more States under Article 231 of the Constitution and both the Civil Courts (transferor and transferee) are subordinate to it, it may exercise the power under Section 24 of the CPC even for the inter-State transfer of a suit, appeal, or another proceeding.
The supreme court asked the Gauhati High Court to give the application under section 24 of the CPC a reasonable amount of priority and to resolve it as soon as feasible, provided that it is convenient for all parties. Additionally, it directed the Parties to pay their expenses.
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