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Section 22: Power to transfer suits which may be instituted in more than one Court

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 21 All 158 Sections of Code of Civil Procedure Section 23

Legal Commentary & Landmark Judgments: Section 22

Section 22 of the Code of Civil Procedure, 1908 establishes the statutory mechanism enabling a defendant to apply for the transfer of a suit when the plaintiff had the lawful option under the Code to institute the proceeding in more than one competent court.

  • Prevention of Concurrent Litigation: Where concurrent jurisdiction exists under Sections 16, 17, 19, or 20, the plaintiff as dominus litis possesses the initial prerogative to choose the forum.
  • Statutory Powers & Jurisdiction: Section 22 serves as a vital procedural safeguard against oppressive forum shopping by empowering the defendant to seek transfer of the suit to another competent court having concurrent jurisdiction.

To exercise this right, the defendant must satisfy two mandatory procedural prerequisites: first, give advance notice to all other parties to the suit; and second, make the application at the earliest possible opportunity, and strictly at or before the settlement of issues under Order XIV.

The court adjudicating the Section 22 application must consider the objections of the plaintiff and co-defendants and determine where the suit shall proceed based on the doctrine of forum conveniens. The mere convenience of the defendant is insufficient to oust the plaintiff's chosen forum; rather, the applicant must establish that trial in the original forum would cause substantial injustice, undue expense, or overwhelming logistical hardship, and that the transferee court is distinctly better suited to advance the ends of justice.

Key Landmark Precedents:
  • Indian Overseas Bank v. Chemical Construction Co., (1979) 4 SCC 358: The Supreme Court held that the plaintiff's choice of forum should not be disturbed lightly; the burden lies heavily on the applicant seeking transfer under Section 22 to demonstrate that balance of convenience and the ends of justice conclusively justify transferring the action.
  • Basanti Devi v. Mst. Sahodra, AIR 1935 All 979: The High Court affirmed that the statutory deadline under Section 22 is mandatory; an application for transfer submitted after issues have been framed by the trial court is barred by procedural limitation and cannot be entertained.
Legal Commentary:

Counsel representing defendants in multi-jurisdictional contractual disputes must file the Section 22 transfer application prior to the settlement of issues under Order XIV Rule 1 CPC. The application must be presented before the appropriate appellate or supervisory court designated under Section 23, supported by detailed affidavits documenting witness availability, location of documentary evidence, and comparative trial costs.

Section 21 All 158 Sections of Code of Civil Procedure Section 23