Haryana Judicial Service (Civil Judge) Prelims 2013 Previous Year Question Papers with MCQ Answers

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6.

The general power to transfer suits under section 24 has been granted to :

A: High Court
B: District Court
C: Both (a) and (b)
D: Supreme Court.

The answer is: C

Explanation

The correct option is C: Both (a) and (b).

The general power to transfer suits under section 24 of the Code of Civil Procedure, 1908 has been granted to both the High Court and the District Court. This power is exercised in situations where the suit cannot be properly tried or disposed of in the court where it is pending due to various factors such as bias, convenience of parties, or lack of jurisdiction. The High Court or the District Court can transfer or withdraw any case on the application of any of the parties at any stage of the suit, whether pending or appeal proceedings. The court to which the case is transferred should be competent to deal with that case. The court can also transfer the suit suo moto, i.e., on its own motion, if it deems it necessary for the ends of justice.