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Section 150: Transfer of business

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 149 All 158 Sections of Code of Civil Procedure Section 151

Legal Commentary & Landmark Judgments: Section 150

Section 150 regulates the transfer of business between civil courts, providing that where the business of any court is transferred to any other court, the transferee court shall have the same powers and perform the same duties as the transferring court.

  • Transfer of Court Business: Save as otherwise provided, where the business of any court is transferred to any other court, the court to which the business is so transferred shall have the same powers and shall perform the same duties as those respectively conferred and imposed by or under this Code upon the court from which the business was so transferred.
  • Seamless Administrative Succession: Transferee court inherits all interlocutory applications, execution files, and trial records with complete jurisdiction.
  • No Need for De Novo Applications: Pending applications for injunction, amendment, or attachment continue before the new court without requiring fresh filings.
Key Landmark Precedents:
  • Merla Ramanna v. Nallaparaju, AIR 1956 SC 87: The Supreme Court authoritatively analyzed Section 150, holding that when a territorial area is transferred to another court, all execution business relating to that area transfers to the new court, which acquires full execution competence.
  • Mahadeo Prasad Singh v. Ram Lochan, (1980) 4 SCC 354: Affirmed that Section 150 ensures continuity of judicial administration during administrative reorganizations.
Courtroom Practice & Strategic Litigation Guidance:

When a new Civil Judge court is established and your pending suit is administratively transferred to it, proceed directly before the new judge under Section 150 without moving transfer applications under Section 24.

Section 149 All 158 Sections of Code of Civil Procedure Section 151