Question

Under the scheme of the Code of Civil Procedure, 1908, where proceedings are pending before a competent civil court, and an application is made seeking transfer of the case from one district to another district within the state, such transfer may be ordered:

• A. Only after conclusion of trial.
• B. Only by the court in which the suit is pending.
• C. By the High Court.
• D. Only upon agreement between the parties.

Hint:

Remember: Transfer of cases is generally exercised by superior courts. Different districts within the same State usually point toward the High Court's transfer jurisdiction.

Answer 1

The Correct Option is C

Step 1: Read the question.
A case is pending in a civil court. Someone asks to move it from one district to another district within the same State. We must find who can order this transfer.

Step 2: Find the law.
Sections 22, 23 and 24 of the Code of Civil Procedure, 1908 deal with transfer of suits.

Step 3: Understand the purpose.
Transfer powers help ensure a fair trial and the convenience of the parties. A higher court can shift a case when justice needs it.

Step 4: Identify the proper authority.
When the two district courts are under the same High Court but in different districts, the High Court has the power to transfer the case.

Step 5: Check the other options.
Option 1 is wrong because transfer can happen at any stage, not only after trial. Option 2 is wrong because the trial court cannot itself send the case to another district. Option 4 is wrong because the parties need not agree.

Step 6: Final answer.
So an inter-district transfer within a State is ordered by the High Court.
\[ \boxed{\text{By the High Court.}} \]