(1) Where the several Courts having jurisdiction are subordinate to the same appellate Court, an application under section 22 shall be made to the appellate Court.
(2) Where such Courts are subordinate to different appellate Courts but to the same High Court, the application shall be made to the said High Court.
(3) Where such Courts are subordinate to different High Courts, the application shall be made to the High Court within the local limits of whose jurisdiction the Court in which the suit is brought is situate.
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ADVERTISEMENTS:
An application under section 22 is to be made to the appellate court where the several courts having jurisdiction are under the same court of appeal or to the High Court where the several courts are under the same High Court though under different appellate courts or to the High Court within the local limits of whose jurisdiction the court in which the suit is brought is situate where such courts are subordinate to different High Courts.
Application for transfer of suit:
The expression ‘suit is brought’ in Section 23 (3) C.P.C. relates to the place where the suit was instituted and it cannot be interpreted to mean, the Court to which suit ‘has to be brought’. So, the petition to transfer a suit instituted at Surat to a Court which is subordinate to this Court, is not maintainable in this Court.
