Section 22 CPC: Transfer of Suits Which May Be Instituted in More Than One Court
Section 22 of the Code of Civil Procedure, 1908 (CPC) allows a defendant to seek transfer of a civil suit when the suit could lawfully have been instituted in two or more courts. The provision establishes who may apply, when the application must be made, and how competing objections are considered.
Bare Act: Text of Section 22 CPC
22. Power to transfer suits which may be instituted in more than one Court. - Where a suit may be instituted in any one of two or more Courts and is instituted in one of such Courts, any defendant, after notice to the other parties, may, at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, apply to have the suit transferred to another Court, and the Court to which such application is made, after considering the objections of the other parties (if any), shall determine in which of the several Courts having jurisdiction the suit shall proceed.
Meaning and scope of Section 22
The rule addresses a situation in which more than one court has lawful jurisdiction over the same civil suit. It does not create jurisdiction in a court that otherwise lacks authority. Instead, it provides a procedure for a defendant to ask that the case proceed in a different competent court.
Place of suing means the territorial forum in which a civil suit is instituted. Jurisdiction means the legal authority of a court to entertain and decide a case; territorial jurisdiction concerns geographical limits, pecuniary jurisdiction concerns monetary limits, and subject-matter jurisdiction concerns the kind of dispute.
Conditions for seeking transfer under Section 22
- Two or more competent courts: The suit must be capable of being instituted in at least two courts under the applicable jurisdiction rules.
- Application by a defendant: Section 22 expressly gives this particular application right to any defendant.
- Notice to other parties: Other parties must receive notice and an opportunity to raise objections.
- Prompt filing: The application must be made at the earliest possible opportunity and, where issues are settled, at or before settlement of issues.
- Decision after objections: The competent court hearing the transfer application considers objections and determines which court having jurisdiction should hear the suit.
How an application under Section 22 works
- Identify the courts in which the suit could validly have been instituted, with reference to the applicable provisions such as Sections 16 to 20 CPC.
- Determine the proper court to receive the application under Section 23 CPC.
- File the transfer application without delay, ordinarily before issues are settled.
- Give notice to the other parties and explain why the proposed transferee court is competent and appropriate.
- The court considers any objections and decides where the suit should proceed.
Practical example
Suppose a contract dispute can lawfully be filed in Court A because the defendant carries on business there, and in Court B because a material part of the cause of action arose there. The plaintiff files in Court A. The defendant may apply under Section 22, subject to the procedural requirements, to have the case transferred to Court B. The competent court considers the other parties' objections before deciding the forum.
This is an illustration of how the provision operates, not a conclusion that any particular dispute must be transferred. Jurisdiction, special statutes, and the facts of each case remain important.
Section 22 compared with Sections 23, 24 and 25 CPC
| Provision | Purpose |
|---|---|
| Section 23 | Specifies the court to which a Section 22 transfer application should be made, depending on the courts involved. |
| Section 24 | Provides general powers of transfer and withdrawal to the High Court or District Court, subject to statutory conditions. |
| Section 25 | Empowers the Supreme Court to transfer specified civil proceedings from a court in one State to a court in another State where expedient for the ends of justice. |
| Section 21 | Regulates when objections concerning jurisdiction can be entertained by appellate or revisional courts. |
Frequently asked questions
Can the plaintiff apply under Section 22 CPC?
Section 22 expressly refers to an application by any defendant. Other statutory transfer powers, including Section 24, may be relevant in appropriate cases.
Can a defendant request transfer after issues have been framed?
Section 22 requires the application at the earliest possible opportunity and, in cases where issues are settled, at or before their settlement. A late request may therefore fall outside the provision's timing requirement.
Can a suit be transferred to a court without jurisdiction?
Not under Section 22. The provision concerns choosing among courts that already have jurisdiction to entertain the suit.
Is Section 22 the same as Section 24 CPC?
No. Section 22 is a defendant-initiated mechanism for suits that could have been instituted in multiple courts; Section 24 confers broader statutory powers of transfer and withdrawal on designated superior courts.
Official legal sources
For the latest consolidated statutory text, amendments and judicial decisions, consult India Code, the Legislative Department, Government of India, and the Supreme Court of India. State amendments, special procedural laws and current case law may affect individual proceedings.
Disclaimer: This article is general legal information and is not a substitute for advice on the facts of a particular case.