Section 27: Summons to defendants

 

Code of Civil Procedure Section 26. Institution of suits.

SUMMONS AND DISCOVERY

27. Summons to defendants.—Where a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim and may be served in manner prescribed ¹[on such day not beyond thirty days from date of the institution of the suit.]

Note 1: Ins by s. 3, ibid. (w.e.f. 1-2-2002).

Part in Red is original provisions from CPC reproduced here for reference.

Code of Civil Procedure Section 28. Service of summons where defendant resides in another State.

Simplified Explanation:

Section 27 Summonses have to be issued to the defendants to appear and answer the claim and he should file the written statement within thirty days from the date of institution of the Suit. The period for filing the written statement has been fixed by amendment in 1999.

Reference: http://www.nja.nic.in/16%20CPC.pdf

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Section 26: Institution of suits

 

Code of Civil Procedure Section 25. Power of Supreme Court to transfer suits, etc.

 

INSTITUTION OF SUITS

26. Institution of suits. — ¹[(1)] Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed.

²[(2) In every plaint, facts shall be proved by affidavit:]

³[Provided that such an affidavit shall be in the form and manner as prescribed under Order VI of rule 15A.]

Note 1: Section 26 renumbered as sub-section (1) by Act 46 of 1999, s. 2 (w.e.f. 1-7-2002).

Note 2: Ins by s. 3, ibid. (w.e.f. 1-2-2002).

Note 3: Ins. by Act 104 of 1976, s. 12 (w.e.f. 1-5-1977).

Part in Red is original provisions from CPC reproduced here for reference.

Code of Civil Procedure Section 27. Summons to defendants.

Simplified Explanation:

Section 26 (2) has been introduced by amendment providing that in every plaint, fact shall be verified by affidavit.

Judgment:

(a) In Vidyawati Gupta V. Bhakti Hari Naik & Ors., AIR 2006 SC 1194, the Supreme Court explained the scope of the amended provision observing that the purpose for its introduction was to eliminate the procedural delays in the disposal of the civil matters though, the provisions are directory in nature and noncompliance thereof would not automatically render the plaint non-est.

Section 25: Power of Supreme Court to transfer suits

Code of Civil Procedure Section 24. General power of transfer and withdrawal.

 

¹[25. 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 an other 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.]

Note 1: Subs. by s. 11, ibid., for s. 25 (w.e.f. 1-2-1977).

Part in Red is original provisions from CPC reproduced here for reference.

Code of Civil Procedure Section 26. Institution of suits.

Simplified Explanation:

Section 25 empowers the Supreme Court to transfer the case from a competent Court in one State to the Court of another State. The transfer should not be made when the proceedings in a case has reached the final stage or are likely to be concluded. While considering the application under Section 25, the Court must examine all the facts involved therein and inconvenience of a party cannot be a ground for transfer.

Reference: http://www.nja.nic.in/16%20CPC.pdf

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Section 24: General power of transfer and withdrawal

 

Code of Civil Procedure Section 23. To what Court application lies.

 

24. General power of transfer and withdrawal.—(1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage—

(a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or

(b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and—

(i) try or dispose of the same; or

(ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or

(iii) retransfer the same for trial or disposal to the Court from which it was withdrawn.

(2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which ¹[is thereafter to try or dispose of such suit or proceeding] may, subject to any special directions in the case of an order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn.

²[(3) For the purposes of this section,—

(a) Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court;

(b) “proceeding” includes a proceeding for the execution of a decree or order.]

(4) The Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes.

³[(5) A suit or proceeding may be transferred under this section from a Court which has no jurisdiction to try it.]

Note 1: Subs. by Act 104 of 1976, s. 10, for “thereafter tries such suit” (w.e.f. 1-2-1977).

Note 2: Subs. by s. 10, ibid., for sub-section (3) (w.e.f. 1-2-1977).

Note 3: Ins. by s. 10, ibid, (w.e.f. 1-2-1977).

 

Part in Red is original provisions from CPC reproduced here for reference.

Code of Civil Procedure Section 25. Power of Supreme Court to transfer suits, etc.

Simplified Explanation:

Section 24 provides for power for transfer of a case from one court to another. It provides for transfer of suit, appeal or other proceedings. Other proceedings include the execution proceedings.

Judgments:

Transfer of the proceedings by the High Court before itself on the ground that a party is abusing the process of the Court or otherwise resorting to the process that other party may not succeed, stands fully fortified by the judgment of the Hon’ble Supreme Court in Abdul Rahman V. Prasony Bai & Anr., AIR 2003 SC 718.

In Nahar Industrial Enterprises Ltd. v. Hong Kong and Shanghai Banking Corporation, (2009) 8 SCC 646, the apex court held: “Only civil suits are subject matter of inter State transfer from one civil court to another civil court. Sub-section (5) of section 24 of CPC provides that a suit or proceeding may be transferred from a Court which has no jurisdiction to try it. The power to transfer one case from one court to another or from one tribunal to another is to be exercised if exceptional situation arises and not otherwise. Rules of procedures are intended to provide justice and not to defeat it.”

Reference: 

1) http://www.nja.nic.in/16%20CPC.pdf

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To what Court application lies

 

Code of Civil Procedure Section

 

23. To what Court application lies.—(I) Where the several Courts having jurisdiction are subordinate to the same Appellate Court, an application under section 22 shall be made to the Appellate Court.

(2) Where such Courts are subordinate to different Appellate Courts but to the same High Court, the application shall be made to the said High Court.

(3) Where such Courts are subordinate to different High Courts, the application shall be made to the High Court within the local limits of whose jurisdiction the Court in which the suit is brought is situate.

 

 

Code of Civil Procedure Section

Power to transfer suits which may be instituted in more than one Court

 

Code of Civil Procedure Section

 

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.

 

Code of Civil Procedure Section

Bar on suit to set aside decree on objection as to place of suing

 

Code of Civil Procedure Section

 

¹[21A. Bar on suit to set aside decree on objection as to place of suing.— No suit shall lie challenging the validity of a decree passed in a former suit between the same parties, or between the parties under whom they or any of them claim, litigating under the same title, on any ground based on an objection as to the place of suing.

Explanation.—The expression “former suit” means a suit which has been decided prior to the decision in the suit in which the validity of the decree is questioned, whether or not the previously decided suit was instituted prior to the suit in which the validity of such decree is questioned.]

Note 1: Ins by s. 9, ibid. (w.e.f. 1-2-1977).

 

 

Code of Civil Procedure Section