Section 25 CPC — Power of Supreme Court to Transfer Suits

Section 25 of the Code of Civil Procedure, 1908 gives the Supreme Court of India the power to transfer a suit, appeal or other proceeding from a High Court or other civil court in one State to a High Court or other civil court in another State. The power is exercised when such transfer is considered expedient for the ends of justice.

The provision provides a mechanism for inter-State transfer of civil proceedings. Unlike Sections 22 to 24, which primarily operate within the subordinate judicial hierarchy, Section 25 vests this special transfer jurisdiction in the Supreme Court.

Section at a Glance

Particular	Details
Section	Section 25 CPC
Subject	Power of Supreme Court to transfer suits
Court exercising power	Supreme Court
Scope	Transfer between courts in different States
Nature	Discretionary
Main consideration	Ends of justice
Application	Party to the proceeding
Related provisions	Sections 22, 23 and 24 CPC

Statutory Provision

Section 25 empowers the Supreme Court, on an application by a party, to transfer any suit, appeal or other proceeding from a High Court or other civil court in one State to a High Court or other civil court in another State if the Court is satisfied that such transfer is expedient for the ends of justice.

The provision therefore permits transfer across State boundaries where the circumstances justify intervention by the Supreme Court.

Meaning of Section 25 CPC

In simple terms, Section 25 answers the question:

Can a civil proceeding be transferred from a court in one State to a court in another State?

Yes. Where the statutory requirements are satisfied, the Supreme Court can order such a transfer.

For example, a suit pending before a competent civil court in State A may, in appropriate circumstances, be transferred to a competent civil court in State B.

The central test is whether the transfer is expedient for the ends of justice.

Purpose and Object of Section 25

Section 25 exists to ensure that justice is not defeated merely because proceedings are pending in different States.

It allows the Supreme Court to intervene where transfer to another State is necessary or appropriate in the interests of justice.

Relevant considerations may include:

• Convenience of parties;
• Convenience of witnesses;
• Location of evidence;
• Connected proceedings;
• Possibility of conflicting decisions;
• Genuine apprehension regarding a fair trial;
• Overall interests of justice.

No single factor is automatically decisive.

Essential Requirements of Section 25

1. There Must Be a Suit, Appeal or Other Proceeding

The provision is not restricted to suits. It expressly extends to:

• Suits;
• Appeals;
• Other proceedings.

2. The Proceeding Must Be Pending in One State

The existing court must be situated in one State.

3. Transfer Must Be Sought to a Court in Another State

Section 25 specifically deals with inter-State transfer.

The destination must therefore be a High Court or other civil court in another State.

4. Application by a Party

The Supreme Court exercises this power on an application made by a party to the proceeding.

5. Ends of Justice

The Supreme Court must be satisfied that transfer is expedient for the ends of justice.

This is the controlling statutory standard.

Discretionary Nature of the Power

Section 25 does not give a party an automatic right to have a proceeding transferred.

The applicant must establish circumstances that justify the exercise of the Supreme Court’s discretion.

A mere assertion that another court would be more convenient is ordinarily not enough. The Court considers the circumstances as a whole.

The applicant must therefore demonstrate why the existing forum is inappropriate or why transfer would substantially advance the interests of justice.

Factors Considered by the Supreme Court

Depending on the circumstances, the Supreme Court may consider:

Convenience of Parties

The location and circumstances of the parties may be relevant, particularly where one party would face substantial hardship in continuing the proceedings in the existing State.

Convenience of Witnesses

The Court may consider where material witnesses are located and whether their attendance would become unnecessarily difficult or expensive.

Location of Evidence

The location of important documents, records and other evidence may be relevant.

Connected Proceedings

Where related proceedings are pending in different States, transfer may help avoid inconsistent findings and facilitate coordinated adjudication.

Fair Trial

A genuine and reasonable apprehension that a party may not receive a fair trial can be relevant.

Overall Interests of Justice

Ultimately, the Court examines whether transfer would serve the ends of justice.

Section 25 and Section 24

Sections 24 and 25 both deal with transfer, but their powers are different.

Basis	Section 24	Section 25
Court exercising power	High Court or District Court	Supreme Court
Territorial scope	Within the relevant subordinate judicial hierarchy	Between different States
Proceedings	Suits, appeals and other proceedings	Suits, appeals and other proceedings
Nature	General discretionary power	Special inter-State transfer power
Main consideration	Interests of justice	Ends of justice

The most important distinction is that Section 25 permits inter-State transfer by the Supreme Court.

Section 25 and Section 23

Section 23 deals with the appropriate court for certain transfer applications within the CPC’s transfer framework.

Section 25, however, directly confers the inter-State transfer power on the Supreme Court.

Therefore, an application invoking Section 25 is fundamentally different from an application whose forum is determined under Section 23.

Section 25 and Section 22

Section 22 provides a specific mechanism for a defendant seeking transfer where a suit may be instituted in more than one competent court.

Section 25 is broader in the sense that it empowers the Supreme Court to transfer a suit, appeal or other proceeding from one State to another State where the ends of justice require it.

Thus:

Section 22 → specific transfer mechanism

Section 25 → Supreme Court’s inter-State transfer power

Important Case Laws on Section 25

Maneka Sanjay Gandhi v. Rani Jethmalani, (1979) 4 SCC 167

Principle: The Supreme Court emphasised that the dominant consideration in transfer matters is the ends of justice. Convenience of parties and other relevant circumstances must be assessed in that broader context.

Relevance: The decision is important for understanding the judicial approach to transfer applications.

Kulwinder Kaur v. Kandi Friends Education Trust, (2008) 3 SCC 659

Principle: The Supreme Court explained that transfer jurisdiction should be exercised carefully and with the interests of justice in view. The convenience of parties and witnesses and other relevant circumstances can be considered.

Relevance: The case illustrates the discretionary nature of transfer jurisdiction.

Nahar Industrial Enterprises Ltd. v. Hong Kong & Shanghai Banking Corporation, (2009) 8 SCC 646

Principle: The Supreme Court examined the scope of transfer powers under the CPC and the limits within which such powers may be exercised.

Relevance: It is useful for understanding the relationship between different statutory transfer powers.

Practical Examples

Example 1 — Transfer Between States

A suit is pending before a civil court in Delhi. The defendant establishes substantial circumstances showing that the proceedings should be conducted in Maharashtra, where the relevant parties and witnesses are located.

The Supreme Court may consider an application under Section 25 if transfer would serve the ends of justice.

Example 2 — Connected Proceedings

A related civil proceeding involving substantially similar issues is pending in another State. If retaining the proceedings in separate States creates a significant risk of conflicting findings, transfer may be considered.

Example 3 — Mere Convenience

A party simply prefers another State because travelling there is personally more convenient, without establishing any substantial reason affecting the administration of justice.

Such a preference by itself does not automatically justify transfer.

Common Confusions

Section 25 Does Not Transfer Every Case Between States

The Supreme Court exercises the power judicially. The existence of courts in two different States does not itself justify transfer.

Section 25 Is Not an Appeal

The Supreme Court’s power under Section 25 concerns transfer of proceedings, not determination of the merits of the underlying dispute.

Transfer Must Serve the Ends of Justice

The statutory standard is not simply convenience. The Court must be satisfied that transfer is expedient for the ends of justice.

Section 25 Is Wider Than Its Heading Suggests

Although the heading refers to the “Power of Supreme Court to transfer suits”, the statutory provision expressly covers suits, appeals and other proceedings.

Practical Importance in Civil Litigation

Section 25 is particularly important in disputes involving parties, witnesses or connected proceedings across different States.

Before seeking transfer, an advocate should identify:

• The court where the proceeding is currently pending;
• The proposed transferee court;
• The jurisdiction of the proposed court;
• The reasons making transfer necessary;
• The location of parties and witnesses;
• Any connected proceedings;
• The circumstances demonstrating that transfer would serve the ends of justice.

The application should be supported by concrete circumstances rather than general allegations.

Importance for Law Students and Judiciary Exams

What to Remember

• Section 25 gives the Supreme Court power to transfer civil proceedings.
• It covers suits, appeals and other proceedings.
• It permits transfer from a court in one State to a court in another State.
• The power is exercised on an application by a party.
• The controlling test is whether transfer is expedient for the ends of justice.
• Transfer is discretionary, not automatic.
• Section 25 is distinct from the transfer powers of the High Court and District Court under Section 24.

Important Questions to Prepare

1. Explain the power of the Supreme Court under Section 25 CPC.
2. What is the scope of inter-State transfer under Section 25?
3. What factors may be considered while deciding a transfer application?
4. Distinguish Section 24 from Section 25 CPC.
5. Is transfer under Section 25 a matter of right?
6. Explain the meaning of “expedient for the ends of justice” under Section 25.
7. Can Section 25 apply to appeals and other proceedings?

Key Legal Principles

1. Supreme Court has inter-State transfer power

Section 25 empowers the Supreme Court to transfer proceedings between courts situated in different States.

2. The power is discretionary

A party must establish circumstances warranting transfer.

3. Ends of justice are paramount

The statutory test is whether transfer is expedient for the ends of justice.

4. The provision covers more than suits

Suits, appeals and other proceedings are included.

5. Convenience is relevant but not conclusive

The Court considers convenience along with the overall circumstances and interests of justice.

Key Takeaways

Concept	Principle
Section	Section 25 CPC
Court	Supreme Court
Main power	Transfer of civil proceedings
Territorial scope	From one State to another State
Proceedings covered	Suits, appeals and other proceedings
Application	Made by a party
Test	Expedient for the ends of justice
Nature	Discretionary
Key distinction	Supreme Court’s special inter-State transfer power

ALSO READ: Section 24 – General Power of Transfer and Withdrawal

Conclusion

Section 25 CPC gives the Supreme Court a special power to transfer suits, appeals and other proceedings from a court in one State to a court in another State when such transfer is expedient for the ends of justice. The power is discretionary and is exercised after considering the circumstances of the case as a whole.

For examination purposes, the central point is simple: Section 25 deals with inter-State transfer by the Supreme Court, and the governing consideration is the ends of justice.