Section 24 of the Code of Civil Procedure, 1908 – Overview
Section 24 of the Code of Civil Procedure, 1908 deals with the power of the High Court and District Court to transfer and withdraw suits, appeals and other proceedings. This section protects the rights of litigants, ensures a fair trial while maintaining the proper administration of justice. This article analyses the scope, objectives and judicial interpretation of Section 24 CPC.
Meaning
Section 24 of the Code of Civil Procedure empowers the High Court and the District Court to transfer or withdraw any suit, appeal, or other proceedings pending before any court subordinate to them. The power can be exercised either on the application of a party or suo motu by the court itself.
Objectives and Scope of Section 24 CPC
The main objectives of Section of 24 of the Code of Civil Procedure are to ensure fair trial and proper administration of justice. The key objectives are as follows:
- Convenience of parties: This section allows courts to transfer cases that are geographically and procedurally convenient for the parties.
- Avoid hardship or bias: This section protects rights of litigants following the principle of Nemo Judex In Causa Sua (rule against bias).
- Discretionary power of judiciary: The Court may exercise this power whenever the interests of justice so demand.
- Effective administration of justice: By enabling proper case management this section ensures a fair, timely and effective administration of Justice.
Judicial Interpretation of Section 24 of CPC
The power of the High Court and District Court to transfer under Section 24 of the Code of Civil Procedure has been interpreted by courts on several occasions. The judiciary has consistently held that this power must be exercised sparingly, cautiously, and in the interest of justice.
Maneka Sanjay Gandhi v. Rani Jethmalani (1979)
In Maneka Sanjay Gandhi v. Rani Jethmalani (1979), the Supreme Court observed that the power of transfer should not be exercised merely for the convenience of one party. The Court held that such power must be used only when there is a reasonable apprehension that justice may not be done, and the decision to transfer a case should be based on sound judicial principles.
Kulwinder Kaur v. Kandi Friends Education Trust (2008)
In Kulwinder Kaur v. Kandi Friends Education Trust (2008), the Supreme Court reiterated that the primary consideration for transfer of cases under Section 24 CPC is the interest of justice. The Court held that factors such as convenience of parties, avoidance of bias, and the need to prevent conflicting judgments must be taken into account while deciding a transfer application.
Durgesh Sharma v. Jayshree (2008)
Further, in Durgesh Sharma v. Jayshree (2008), the Supreme Court clarified that mere inconvenience or unfounded allegations are not sufficient grounds for transfer. The Court emphasised that the discretionary power of High Court and District Court under Section 24 CPC must be exercised judiciously and not arbitrarily.
Thus, judicial interpretation makes it clear that Section 24 CPC is intended to advance the cause of justice and not to harass the opposite party.
Conclusion
Section 24 of the Code of Civil Procedure, 1908 plays a significant role in ensuring a fair and proper administration of justice. This provision also safeguards the rights of litigants and prevents hardship, bias, and conflicting judgments by empowering the High Court and District Court to transfer or withdraw cases. Judicial interpretation has made it clear that this power is discretionary and must be exercised judiciously and only when the interests of justice demand. When applied judiciously, Section 24 CPC strengthens public confidence in the judicial process and ensures that justice is not only done but is also seen to be done.
