A suit is pending in District Court A, but one of the parties, Meera, requests its transfer to District…
Transfer of a suit between subordinate courts is governed by section 24 CPC, exercised by the High Court or District Court, while section 25 gives the Supreme Court power to…
Choose your answer
A suit is pending in District Court A, but one of the parties, Meera, requests its transfer to District Court B, claiming that the judge in Court A is Biased. The opposing party, Ravi objects, stating that the request is baseless. Who has the authority to decide whether the suit can be transferred?
Answer and explanation
Correct answer B
Transfer of a suit between subordinate courts is governed by section 24 CPC, exercised by the High Court or District Court, while section 25 gives the Supreme Court power to transfer suits from one State to another. A party alleging bias must therefore apply to the superior court, here "The High Court or the Supreme Court", and not to "The District Court A where the suit is currently pending."; an allegation of bias does not itself transfer the suit.
Practice for these exams
-
All India Bar Examination (AIBE)
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
CUET PG Law (LL.M.)
Subject revision
-
Supreme Court Law Clerk and Research Associate
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision