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Transfer Of A Particular Case

The purpose of sec 24 CPC , merely to confer on the court, a discretionary power. A court acting under section 24 CPC may may not it's judicial discretion transfer a particular case. Section 24 does not prescribe any ground for ordering the transfer of a case.

Section 24 does not prescribe any particular ground for ordering the transfer of a particular. In certain cases it may be ordered Suo Motu and it may be done for administrative reasons. But when an application for transfer is made by a party ,the court is required to issue notice to the other side and hear the before directing transfer.

To put it differently, the court must act judicially in ordering a transfer on the application of a party - Jitendra vs Bhanu (2009)1 SCC 130. The party applying for transfer must make out a case for transfer. In Bhanu ,the reason which was weighted with the High Court For directing transfer does not really make out a case for transfer.

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