2008 (9) TMI 1013 - SC - Indian Laws

Summary

Issues Involved:
1. Jurisdiction and power of a High Court to transfer cases to a court subordinate to another High Court.
2. Interpretation and application of Sections 22 to 25 of the Code of Civil Procedure, 1908.
3. Harmonization of Section 23(3) and Section 25 of the Code of Civil Procedure.
4. Applicability of inherent powers under Section 151 of the Code of Civil Procedure.

Detailed Analysis:

1. Jurisdiction and Power of a High Court to Transfer Cases:
The primary issue was whether a High Court has the power to transfer a case from a court subordinate to it to a court subordinate to another High Court. The appellant contended that the High Court of Madhya Pradesh erred in transferring a case to a court subordinate to the High Court of Bombay, arguing that only the Supreme Court has such authority under Section 25 of the Code of Civil Procedure, 1908.

2. Interpretation and Application of Sections 22 to 25 of the Code of Civil Procedure:
Sections 22 to 25 of the Code of Civil Procedure deal with the transfer and withdrawal of suits, appeals, and other proceedings. Section 22 allows a defendant to apply for the transfer of a suit to another court. Section 23 specifies the forum for such applications, distinguishing between courts subordinate to the same appellate court, the same High Court, and different High Courts. Section 24 provides general powers of transfer to the High Court or District Court, while Section 25 empowers the Supreme Court to transfer cases between High Courts or between civil courts in different states.

3. Harmonization of Section 23(3) and Section 25 of the Code of Civil Procedure:
The respondent argued that Section 23(3) should be harmonized with Section 25, allowing a High Court to transfer cases to courts subordinate to another High Court. The court, however, held that Section 23 is a procedural provision specifying the forum for transfer applications and does not grant substantive power to transfer cases. Section 25, as amended in 1976, is a comprehensive provision that grants the Supreme Court exclusive jurisdiction to transfer cases between High Courts or civil courts in different states. The court emphasized that interpreting Section 23(3) to allow High Courts to transfer cases would undermine the legislative intent of Section 25.

4. Applicability of Inherent Powers under Section 151 of the Code of Civil Procedure:
The respondent also contended that inherent powers under Section 151 could be invoked to transfer cases in the interest of justice. The court rejected this argument, stating that inherent powers cannot be exercised in contravention of express provisions of the law. Since Sections 22 to 25 comprehensively cover the law of transfer, Section 151 is inapplicable.

Conclusion:
The court concluded that only the Supreme Court has the authority to transfer cases between courts subordinate to different High Courts under Section 25 of the Code of Civil Procedure. The High Court of Madhya Pradesh's order transferring the case to a court subordinate to the High Court of Bombay was set aside. The court clarified that Section 23(3) is a procedural provision and does not confer power to transfer cases, which is exclusively governed by Section 25. The appeal was disposed of with each party bearing its own costs.