Section 25 CPC: Supreme Court Power to Transfer Civil Suits, Appeals and Proceedings
Section 25 of the Code of Civil Procedure, 1908 (CPC) authorises the Supreme Court of India to transfer specified civil proceedings from a High Court or other civil court in one State to a High Court or other civil court in another State when doing so is expedient for the ends of justice.
This provision governs inter-State transfers of civil suits, appeals and other proceedings. It sets out who may apply, the need for notice and an affidavit, the effect of a transfer, and the possible consequence of filing a frivolous or vexatious application.
Full text of Section 25 CPC - Power of Supreme Court to transfer suits, etc.
(1) On the application of a party, and after notice to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or other proceeding be transferred from a High Court or other Civil Court in one State to a High Court or other Civil Court in another State.
(2) Every application under this section shall be made by a motion which shall be supported by an affidavit.
(3) The Court to which such suit, appeal or other proceeding is transferred shall, subject to any special directions in the order of transfer, either retry it or proceed from the stage at which it was transferred to it.
(4) In dismissing any application under this section, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum, not exceeding two thousand rupees, as it considers appropriate in the circumstances of the case.
(5) The law applicable to any suit, appeal or other proceeding transferred under this section shall be the law which the Court in which the suit, appeal or other proceeding was originally instituted ought to have applied to such suit, appeal or proceeding.
The above reproduces the central statutory provision. Consult the current official text and applicable procedural rules for authoritative wording and any relevant amendments.
Meaning and explanation of Section 25 CPC
Section 25(1): Supreme Court's power and the ends of justice
A party may seek transfer of a pending suit, appeal or other civil proceeding between courts in different States. The Supreme Court considers the interests of justice and hears parties who wish to be heard after notice. The power may be exercised at any stage, but it is discretionary rather than an entitlement.
Section 25(2): Motion supported by affidavit
The application must be presented by motion and supported by an affidavit setting out the material facts. The applicant should identify the pending proceeding, the court where it is pending, the proposed transferee court, and the facts supporting transfer. The applicable Supreme Court Rules and filing requirements also need to be followed.
Section 25(3): What happens after transfer?
The receiving court may either rehear the proceeding or continue from the stage already reached, subject to any special directions contained in the Supreme Court's transfer order. Transfer does not necessarily nullify all earlier steps.
Section 25(4): Frivolous or vexatious applications
If the Supreme Court dismisses an application and considers it frivolous or vexatious, the subsection permits compensation to a person who opposed it, up to the statutory ceiling of Rs. 2,000. This specific statutory amount should not be confused with any separate powers to award costs under applicable law.
Section 25(5): Which substantive law applies?
The law that the original court ought to have applied continues to govern the transferred proceeding. A change of court under Section 25 does not, by itself, change the law applicable to the underlying dispute.
When may the Supreme Court consider a transfer?
The controlling statutory test is whether transfer is expedient for the ends of justice. Depending on the evidence and circumstances, relevant considerations may include:
- Serious, substantiated concerns affecting a fair and impartial hearing.
- Material hardship affecting the effective participation of parties or important witnesses.
- Closely connected proceedings in different States and the risk of conflicting decisions.
- Safety, access to justice, and other circumstances that materially affect a fair trial.
- Whether the proposed receiving court is appropriate for the proceeding.
Ordinary inconvenience, unsupported allegations, or a preference for a particular forum do not necessarily justify transfer. Each application is decided on its own facts.
How to apply for transfer under Section 25 CPC
- Identify the pending civil proceeding: Confirm that the request concerns transfer between courts in different States within the scope of Section 25.
- Prepare the transfer petition: State the court, case number, parties, relief sought and specific reasons why transfer serves the ends of justice.
- Support the motion with an affidavit: Verify the material facts and attach relevant orders or documents.
- File in the Supreme Court: Follow the current Supreme Court Rules, registry requirements and applicable filing procedures.
- Give notice and address objections: The Supreme Court considers the submissions of parties who wish to be heard.
- Comply with the order: If transfer is allowed, follow the directions concerning records, appearance, and continuation or retrial.
Filing a transfer petition does not by itself stay the original proceeding. Any interim stay or protective relief must be sought and granted separately where appropriate.
Difference between Sections 22, 23, 24 and 25 CPC
Section 22 deals with a defendant's request to transfer a suit when it could have been instituted in more than one competent court. Section 23 identifies the court to which a Section 22 application is made. Section 24 gives High Courts and District Courts general powers of transfer and withdrawal within the scope of that provision. Section 25 specifically empowers the Supreme Court to order inter-State transfer of suits, appeals and other civil proceedings.
For a related issue concerning objections to territorial or pecuniary jurisdiction, see Section 21 CPC.
Practical illustrations
Example 1: Connected civil proceedings in different States
A civil dispute in one State is closely related to a pending civil proceeding in another. A party may request transfer under Section 25 to reduce the risk of inconsistent adjudication. The Supreme Court will assess whether the circumstances justify the transfer.
Example 2: Serious access-to-justice concerns
A party provides credible evidence that exceptional circumstances substantially impair their ability to participate in a civil proceeding in another State. The Court may consider the evidence alongside the other parties' interests and the overall requirements of justice.
Example 3: Mere preference for another city
A litigant requests transfer solely because a different city would be more convenient, without showing circumstances warranting judicial intervention. Transfer is not guaranteed; the statutory ends-of-justice test remains controlling.
Frequently asked questions
Who can apply for transfer under Section 25 CPC?
A party to the suit, appeal or other civil proceeding may apply to the Supreme Court for an inter-State transfer under Section 25.
Can the Supreme Court transfer a case from one State to another?
Yes. Section 25 permits transfer of a suit, appeal or other proceeding from a High Court or other civil court in one State to a High Court or other civil court in another State, where expedient for the ends of justice.
Is an affidavit necessary for a Section 25 application?
Yes. Subsection (2) requires the application to be made by motion supported by an affidavit.
Does a transfer mean the case must start again?
Not necessarily. Under subsection (3), the receiving court may retry the case or continue from the stage reached, subject to special directions in the transfer order.
What is the difference between Sections 24 and 25 CPC?
Section 24 concerns transfer and withdrawal by a High Court or District Court within its statutory supervisory jurisdiction. Section 25 authorises the Supreme Court to order inter-State transfers of civil proceedings.
Official legal references
For the current central legislation and procedural rules, consult the India Code portal, the Legislative Department, Government of India, and the Supreme Court of India. The Supreme Court website provides access to relevant rules, practice directions and judicial materials.
This article explains the general central-law framework as of October 2026. Court rules, subsequent statutory changes and case-specific judicial directions may affect the applicable procedure. It is legal information, not advice for a particular dispute.