DURGESH SHARMA versus JAYSHREE

DURGESH SHARMA versus JAYSHREE

A High Court has no authority or jurisdiction under s.23(3) of the Code of Civil Procedure, 1908 to transfer a case from its subordinate court to a court subordinate to another High Court; only the Supreme Court has such power under s.25 CPC. Provisions of ss. 22-25 CPC regarding transfer of cases are exhaustive and s.151 has no application. Decisions of High Courts taking contrary views are overruled.

Parties
Appellant: Durgesh Sharma; Respondent: Jayshree Sharma
Jurisdiction
India
Judgment Date
26 September 2008
Procedural Posture
Civil Appeal / Final Disposition After Appeal From High Court Order
Outcome
Appeal allowed; High Court order set aside; parties bear own costs.
Legal Topics
Transfer of Cases, Jurisdiction, Inherent Powers Under S.151 CPC, Interpretation of Procedural Statutes
Civil Procedure Transfer of Cases Jurisdiction Inherent Powers Under S.151 CPC Interpretation of Procedural Statutes

Case Brief

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Parties

Durgesh Sharma

Appellant

Jayshree Sharma

Respondent

Procedural Posture

Civil Appeal / Final Disposition After Appeal From High Court Order

Legal Issues

  1. 1 Whether the High Court has power to transfer cases from its subordinate court to a court subordinate to another High Court under s.23(3) of CPC
  2. 2 Applicability of s.23 vis-à-vis s.25 CPC for transfer of cases across High Court jurisdictions
  3. 3 Applicability of s.151 CPC in matters of transfer

Ratio Decidendi

A High Court has no authority or jurisdiction under s.23(3) of the Code of Civil Procedure, 1908 to transfer a case from its subordinate court to a court subordinate to another High Court; only the Supreme Court has such power under s.25 CPC. Provisions of ss. 22-25 CPC regarding transfer of cases are exhaustive and s.151 has no application. Decisions of High Courts taking contrary views are overruled.

Court Disposition

Appeal allowed; High Court order set aside; parties bear own costs.

Orders

  • Order of High Court transferring matrimonial case from Ujjain to Malegaon set aside.
  • Parties directed to bear their own costs.