Court Emphasizes Mandatory Issuance of Notice for Suit Transfers Under Section 22 of CPC
In a significant ruling, the Madhya Pradesh High Court, Jabalpur Bench, has dismissed a transfer application filed by Meenal Budholia, seeking the transfer of a civil suit from the Court of 8th Civil Judge, Junior Division, Gadarwara, District Narsinghpur, to a court in Jabalpur. The application was filed under Section 22 of the Civil Procedure Code (CPC), 1908.
Presided over by Justice Maninder S. Bhatti, the court underscored the statutory requirement of issuing notice to the opposite parties before an application for transfer under Section 22 can be deemed maintainable. The court noted that the applicant failed to comply with this essential prerequisite, thereby rendering the application inadmissible.
The dispute centered on a civil suit initiated by Kalyan Singh Budolia and others, seeking a declaration and permanent injunction regarding certain properties. The applicant, Meenal Budholia, claimed that the respondents misrepresented their residence and that the properties in question were partly located in Jabalpur. The respondents countered by affirming their residence in Gadarwara and provided supporting documents, including Aadhaar cards.
The High Court's decision drew a clear distinction between Sections 22 and 24 of the CPC. While Section 22 requires prior notice to the opposite parties for transfer applications where jurisdiction lies with multiple courts, Section 24 allows for suo motu transfers by a higher court without such notice.
Justice Bhatti emphasized that the issuance of notice is a statutory obligation under Section 22, and non-compliance with this requirement invalidates the application. The court clarified that the applicant's failure to issue notice to the respondents violated the procedural stipulations, leading to the dismissal of the application.
The judgment reiterates the importance of adhering to procedural mandates in civil litigation, especially in matters involving jurisdictional transfers. Legal practitioners must ensure compliance with statutory provisions to avoid procedural dismissals.
Bottom line:-
Application under section 22 of the Code of Civil Procedure for transfer of a suit is not maintainable unless prior notice has been issued to the opposite parties, as mandated by the provision.
Statutory provision(s):
Section 22 of the Civil Procedure Code, 1908, Section 24 of the Civil Procedure Code, 1908
