The principles with respect to the transfer of case under Section 24 CPC have been dealt with by Hon'ble the Supreme Court in Kulwinder Kaur vs. Kandi Friends Education Trust and others4. Relevant paragraphs 13, 14 and 17 of aforesaid judgment are reproduced below :

"13. Having considered rival contentions of the parties and having gone through the proceedings of the case, we are of the view that the impugned order deserves to be set aside. So far as the power of transfer is concerned, Section 24 of the Code empowers a High Court or a District Court to transfer inter alia any suit, appeal or other proceeding pending before it or in any Court subordinate to it to any other Court for trial and disposal. The said provision confers comprehensive power on the Court to transfer suits, appeals or other proceedings ''at any stage' either on an application by any party or suo motu.

14. Although the discretionary power of transfer of cases cannot be imprisoned within a strait-jacket of any cast-iron formula unanimously applicable to all situations, it cannot be gainsaid that the power to transfer a case must be exercised with due care, caution and circumspection. Reading Sections 24and 25 of the Code together and keeping in view various judicial pronouncements, certain broad propositions as to what may constitute a ground for transfer have been laid down by Courts. They are balance of convenience or inconvenience to plaintiff or defendant or witnesses; convenience or inconvenience of a particular place of trial having regard to the nature of evidence on the points involved in the suit; issues raised by the parties; reasonable apprehension in the mind of the litigant that he might not get justice in the court in which the suit is pending; important questions of law involved or a considerable section of public interest in the litigation; ''interest of justice; demanding for transfer of suit, appeal or other proceeding, etc. Above are some of the instances which are germane in considering the question of transfer of a suit, appeal or other proceeding. They are, however, illustrative in nature and by no means be treated as exhaustive. If on the above or other relevant considerations, the Court feels that the plaintiff or the defendant is not likely to have a ''fair trial' in the Court from which he seeks to transfer a case, it is not only the power, but the duty of the Court to make such order.

x x x x

17. ..............It is true that normally while making an order of transfer, the Court may not enter into merits of the matter as it may affect the final outcome of the proceedings or cause prejudice to one or the other side. At the same time, however, an order of transfer must reflect application of mind by the court and the circumstances which weighed in taking the action.......

3) it would be transferred to another judge junior division 

Yes, the Principal District Judge can legally exercise powers under Section 24 of the Civil Procedure Code (CPC) to transfer a civil suit from the Principal Junior Civil Judge to his own court. Section 24 CPC grants very wide discretionary powers to the District Court as well as the High Court for the transfer and withdrawal of cases, including from a lower court to a higher court.

The interpretation offered by the section officer appears to be incorrect. The language of Section 24 clearly empowers the District Judge to transfer any civil suit, appeal or proceeding pending in any subordinate court to any other competent subordinate court, including his own court, provided it is competent to try the matter.

Judicial precedents have consistently held that such powers of transfer are meant to ensure justice, remove procedural irregularities, and prevent miscarriage of justice. Since your case involves procedural lapses, prolonged ex parte orders, and potential prejudice, it is very much within the jurisdiction of the Principal District Judge to withdraw the suit from the Junior Civil Judge’s court and decide it himself.

You may file a transfer application under Section 24 CPC before the District Judge explaining the circumstances, and the matter should be adjudicated based on merits.

A civil suit can be transferred from a Junior Civil Judge to a District Judge under Section 24 of the Code of Civil Procedure (CPC). Section 24 empowers both the High Court and the District Court to transfer suits, appeals, or other proceedings pending in any subordinate court to another subordinate court. This power is exercised when there are valid grounds, such as the need for a more experienced judge or the appearance of bias in the original court. In essence, Section 24 empowers the District Judge or High Court to proactively intervene and transfer cases in the interest of justice and efficiency, even if no formal application for transfer has been filed, provided that valid grounds and principles are observed during the transfer process.

Yes it has powers to transfer within the provision of section 24 CPC and other applicable laws in relation to the subject matter

Yes, the Principal District Judge can absolutely exercise powers under Section 24 of the Civil Procedure Code (CPC) to withdraw a civil suit from the file of the Principal Junior Civil Judge and try or dispose of it himself, or transfer it to another competent court.

The section officer's claim that such a transfer is only allowed to another Junior Civil Judge is incorrect and demonstrates a misunderstanding of Section 24 CPC.

Here's why:

Understanding Section 24 CPC:

Section 24 of the CPC, titled "General power of transfer and withdrawal," provides broad powers to both the High Court and the District Court. It states:

"(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) re-transfer the same for trial or disposal to the Court from which it was withdrawn."

Key Interpretations of Section 24 relevant to your case:

• "Withdraw... and try or dispose of the same": Clause (b)(i) explicitly grants the District Court the power to withdraw any suit, appeal, or other proceeding pending in any court subordinate to it (which includes a Junior Civil Judge's court) and try or dispose of it itself. This directly addresses your question. The Principal District Judge is a higher court in the hierarchy and can certainly take up a matter from a subordinate court.

• "Competent to try or dispose of the same": The term "competent" here refers to pecuniary and territorial jurisdiction, as well as the subject matter. Since the Principal District Judge is a higher court, it would generally be considered competent to try any suit that a Junior Civil Judge can try, assuming it falls within its territorial and pecuniary limits.

• Broad and Discretionary Power: Courts have consistently held that Section 24 confers a very wide and comprehensive power on the High Court and District Court. This power is exercised in the interest of justice, to prevent abuse of process, and to ensure a fair trial.

• Reasons for Transfer: While the power is wide, it is not arbitrary. Grounds for transfer typically include:

  • Reasonable apprehension of injustice or unfair trial.

  • Balance of convenience for parties and witnesses.

  • Avoiding multiplicity of proceedings and conflicting decisions.

  • Any other circumstances that warrant transfer in the interest of justice.

Applying this to your facts:

Your concerns, such as:

• The suit being numbered against defendants with no proper address.

• An ex parte injunction being granted and repeatedly extended for an excessive period (15+ months) even after your counter and written statement were filed.

• The injunction order stating it remains in force until the disposal of the main suit.

• Three of four defendants being set ex parte after paper publication.

• Your pending Civil Miscellaneous Appeal (CMA) in the District Court.

These are strong grounds to argue that a fair adjudication might be compromised in the current court, and that the "ends of justice" would be better served by transferring the suit to the Principal District Judge's court. The Principal District Judge, being the head of the district judiciary, has the inherent supervisory power to ensure proper administration of justice.

I doubt the correctness of the section officer's claim 

24(1)(b)(i) is clear. It says that a suit which is pending before a subordinate court can be transferred from that court to the District court for trial and disposal 

However considering the facts narrated by you I doubt whether your transfer application will be allowed 

An appeal is already filed challenging the temporary injunction 

A litigant cannot indulge in forum shopping 

You will have to check the circumstances under which a s.24 transfer application can be preferred and what are the criteria for allowing such transfer 

Your understanding about Section 24 of the Civil Procedure Code (CPC) and its scope regarding transfer of civil suits is generally correct. Let me clarify the powers and procedural aspects involved with such transfer requests, particularly when seeking to transfer a suit from the Principal Junior Civil Judge (PJJC) to the Principal District Judge (PDJ) within the same judiciary.

Section 24 CPC empowers the in-charge District Judge (which includes the Principal District Judge or Senior Division Judge) to transfer any suit, appeal, or other proceeding pending before any subordinate court within the district to any other subordinate court in the same district. The language of Section 24 CPC is broad and not limited only to transfer between courts of the same level (e.g., Junior Civil Judge to Junior Civil Judge). The term “subordinate court” includes all courts subordinate to the District Judge, covering the Junior Civil Judge, Executive Magistrate, Civil Judge (Senior Division), etc., subject to local rules.

The Principal District Judge typically is the District Judge for the district and supervises all subordinate courts, including the Principal Junior Civil Judge’s court. The PDJ, exercising jurisdiction as a District Judge, does have the authority under Section 24 CPC to transfer a suit pending before a subordinate court like the PJJC to his own court (Senior Division) for proper adjudication, especially in exceptional or special circumstances. Judicial precedents affirm that the District Judge has wide supervisory and transfer powers to ensure fair, just, and expeditious disposition of cases.

Regarding the court section officer or superintendent's concern: the court staff’s understanding—that transfer can only be made from one Junior Civil Judge to another Junior Civil Judge—is a common but incorrect lay interpretation and is not supported by the statute or judicial rulings. The controlling authority is the District Judge (Principal District Judge here) himself and his powers under Section 24 CPC. The procedure may involve moving an application or representation to the District Judge for transfer; the PDJ can pass orders transferring the suit either to a different subordinate court or to his own court (Senior Division).

Since the suit is pending before the Principal Junior Civil Judge and you have issues of procedural irregularities, excessive injunction duration, and fairness concerns, it is within your rights to request transfer for fair adjudication. File a formal application before the Principal District Judge praying for transfer of the suit from the PJJC to the PDJ’s Senior Division Court under Section 24 CPC, clearly stating your reasons: procedural anomalies (suit numbered against untraceable defendants), excessive ex parte injunction prolonged unjustly, and need for fresh equitable adjudication by a senior officer. Meanwhile, you may continue your Civil Miscellaneous Appeal (CMA) challenging the injunction order pending before the District Court, as both proceedings can run parallel.

In summary, the Principal District Judge has statutory power under Section 24 CPC to transfer suits pending before subordinate courts, which includes the Principal Junior Civil Judge’s court, to his own court (Senior Division) for appropriate adjudication. The court staff’s claim limiting transfer only to another Junior Civil Judge is not legally correct. You should pursue filing a formal transfer application before the PDJ for better chances of obtaining a fair hearing. Maintain follow-up on your CMA and ensure all procedural steps are timely complied with.

If you need help drafting the transfer application under Section 24 CPC, representation before the court, or guidance on managing the CMA and injunction issues, please feel free to contact me for professional consultation.

Dear Client,

• Can the Principal District Judge exercise powers under Section 24 CPC to transfer a civil suit from the file of the Principal Junior Civil Judge to his own court for proper adjudication?

Yes. Section 24 (1)(b)(ii)(a) of the Code of Civil Procedure expressly envisage the power of a District judge to withdraws pending suits before any subordinate court, including a Principle junior civil judge, adjudicate it. This provision has been envisaged to facilitate the delivery of justice, and hence, in instance that calls for the intervention of the Principle district judge, such intervention has been upheld by the court in numerous decisions including Raghunath Das v. Gokal Chand (1958) and Kulwinder Kaur v. Kandi Friends Education Trust (2008). It is noteworthy that, the jurisdictional competency of Principle District Judge must be satisfied.

I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.