Section 22 CPC — Transfer of Suits Which May Be Instituted in More Than One Court

Section 22 of the Code of Civil Procedure, 1908 provides a mechanism for seeking the transfer of a suit where the suit could legally have been instituted in two or more competent courts. The provision is designed to deal with situations where more than one court has jurisdiction, but the defendant considers that the suit should be tried by another competent court.

The Section does not give a defendant an absolute right to transfer a suit. It provides a procedural opportunity to seek transfer, subject to the conditions prescribed by the CPC and the court’s assessment of the circumstances.

Section 22 must be read together with Sections 23 and 24 CPC. Section 22 identifies the circumstances in which transfer may be sought, Section 23 identifies the court to which the application should be made, and Section 24 confers a broader power of transfer and withdrawal on the High Court and District Court.

Section at a Glance

Particular	Details
Section	Section 22 CPC
Subject	Transfer of suits which may be instituted in more than one court
Nature	Procedural
Main purpose	Provides a mechanism for seeking transfer where multiple courts have jurisdiction
Who may apply	Defendant
Essential condition	The suit must be capable of being instituted in two or more competent courts
Important requirement	Application must be made at the earliest possible opportunity
Related provisions	Sections 20, 23 and 24 CPC

Statutory Provision

Section 22 provides, in substance, that where a suit may be instituted in more than one court and is instituted in one of those courts, a defendant may, after notice to the other parties, apply to have the suit transferred to another competent court.

The application is made at the earliest possible opportunity and, where issues have been settled, ordinarily at or before such settlement.

The court hearing the application may determine whether the suit should be transferred, having regard to the circumstances of the case.

The Section therefore operates on a basic premise:

More than one court must have jurisdiction to entertain the suit.

It is not a provision for transferring a case from a competent court to a court that has no jurisdiction over the subject matter.

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Meaning of Section 22 CPC

In simple terms, Section 22 applies where a plaintiff has a choice of more than one competent court for instituting a suit.

The plaintiff chooses one such court and files the suit there.

The defendant may prefer another competent court and can apply for transfer under Section 22, provided the statutory requirements are satisfied.

For example, suppose a suit can legally be instituted in Court A or Court B. The plaintiff chooses Court A. If the defendant believes that the matter should be tried in Court B, the defendant may invoke Section 22 and seek transfer, subject to the court’s discretion.

The important point is that both courts must already possess jurisdiction.

Section 22 is therefore not a mechanism for creating jurisdiction where none exists.

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Purpose and Object of Section 22

Section 22 serves a practical purpose in civil litigation.

Where the law gives a plaintiff more than one competent forum, the plaintiff’s choice is not necessarily final in every circumstance. The defendant is given a statutory mechanism to request that the suit be tried in another competent court.

The provision seeks to:

• Regulate competing competent forums.
• Prevent unnecessary inconvenience to the defendant.
• Provide a structured procedure for seeking transfer.
• Allow the court to consider the convenience and circumstances of the litigation.
• Avoid arbitrary or strategic selection of a forum where another competent forum may be more appropriate.

At the same time, Section 22 does not make transfer automatic. The court must consider whether the circumstances justify transferring the suit.

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Essential Requirements of Section 22

1. The Suit Must Be Capable of Being Instituted in More Than One Court

This is the foundation of Section 22.

There must be at least two courts that are legally competent to entertain the suit.

If only one court has jurisdiction, Section 22 cannot be invoked merely because the defendant would prefer another forum.

2. The Suit Must Already Have Been Instituted

Section 22 applies where the plaintiff has instituted the suit in one of the competent courts.

The defendant then seeks transfer to another court that is also competent to try the suit.

3. The Applicant Must Be the Defendant

The statutory mechanism under Section 22 is framed around an application by the defendant.

This distinguishes Section 22 from Section 24, which gives the High Court and District Court broader powers to transfer or withdraw suits and proceedings.

4. Notice Must Be Given to the Other Parties

The application is not intended to be decided without giving the other parties an opportunity to be heard.

The statutory requirement of notice reflects the principles of natural justice and procedural fairness.

5. The Application Must Be Made at the Earliest Possible Opportunity

The defendant should not unnecessarily delay the transfer application.

Where issues have been settled, the application should ordinarily be made at or before the settlement of issues.

This requirement discourages a party from participating substantially in the trial and subsequently seeking transfer merely because the proceedings are not progressing as desired.

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When Can Section 22 Be Invoked?

Section 22 becomes relevant when the CPC or another applicable law gives more than one court jurisdiction over the same suit.

A common situation arises under provisions such as Section 20 CPC, where a suit may be instituted in different courts depending upon factors such as:

• The residence of the defendant;
• The place where the defendant carries on business;
• The place where the cause of action arises, wholly or in part.

Where more than one court is legally competent, the plaintiff may choose one of them.

Section 22 gives the defendant an opportunity to seek transfer to another competent forum.

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How Section 22 Works

The practical operation of Section 22 can be understood as follows:

Step 1 — Multiple Courts Have Jurisdiction

The law permits the suit to be instituted in two or more competent courts.

Step 2 — Plaintiff Selects One Court

The plaintiff institutes the suit in one of those courts.

Step 3 — Defendant Seeks Transfer

The defendant considers another competent court more appropriate and makes an application for transfer.

Step 4 — Notice Is Given

The other parties receive notice of the application.

Step 5 — Court Considers the Application

The court examines whether the circumstances justify transferring the suit.

Step 6 — Court Makes an Appropriate Order

The court may transfer the suit where the statutory requirements and circumstances justify such an order.

The transfer is therefore not a matter of automatic right.

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Transfer Under Section 22 Is Discretionary

An important point is that Section 22 does not mean that the defendant can demand transfer simply because another court also has jurisdiction.

The defendant must establish circumstances justifying the transfer.

The court may consider factors such as:

• Relative convenience of the parties;
• Convenience of witnesses;
• Location of relevant evidence;
• Expenses involved in conducting the litigation;
• Accessibility of the competing forums;
• Interests of justice;
• Any other circumstance relevant to the fair and convenient disposal of the suit.

The precise weight given to these considerations depends upon the facts of the case.

The mere existence of another competent court does not automatically require transfer.

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Section 22 and Plaintiff’s Choice of Forum

Ordinarily, where more than one court has jurisdiction, the plaintiff is entitled to choose one of the competent forums.

However, this choice is not completely immune from judicial scrutiny.

Section 22 recognises that the defendant may have legitimate reasons for seeking transfer to another competent court.

Therefore, the CPC attempts to balance:

Plaintiff’s choice of a competent forum

with

Defendant’s right to seek a more appropriate forum where circumstances justify transfer.

The court ultimately determines whether transfer is warranted.

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Section 22 and Convenience of Parties

The convenience of the parties is an important consideration in transfer proceedings.

For example, if the plaintiff and most witnesses are located in one place, while the defendant and relevant evidence are concentrated in another place, the court may consider these circumstances while deciding the transfer application.

However, convenience is not determined solely by the preference of one party.

The court must consider the overall circumstances and the interests of justice.

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Section 22 and Convenience of Witnesses

Witness convenience can be particularly important.

Civil litigation may require:

• Examination of witnesses;
• Production of documents;
• Inspection of records;
• Attendance of experts;
• Examination of local witnesses.

If conducting the proceedings in one forum would impose substantially greater difficulty or expense on the witnesses, this may support a transfer application.

However, inconvenience must be established through the circumstances of the case rather than merely asserted.

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Timing of Application

Section 22 requires the defendant to approach the court at the earliest possible opportunity.

Where issues have been settled, the application should ordinarily be made at or before the settlement of issues.

This requirement has an important procedural purpose.

A defendant should not:

1. Participate in the proceedings for a substantial period;
2. Allow the trial to progress;
3. Wait for the outcome or developments in the litigation; and
4. Then seek transfer based on circumstances that were already known.

The provision encourages parties to raise the issue promptly.

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Notice to Other Parties

An application under Section 22 requires notice to the other parties.

This is important because transfer of a suit can materially affect:

• The plaintiff’s litigation strategy;
• The location of witnesses;
• The production of evidence;
• The cost of litigation;
• The convenience of the parties.

The opposing parties must therefore have an opportunity to respond to the transfer request.

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Relationship Between Section 22 and Section 23 CPC

Sections 22 and 23 should be read together.

Section 22

Section 22 provides the substantive procedural mechanism through which a defendant may seek transfer where the suit could have been instituted in more than one competent court.

Section 23

Section 23 determines which court is competent to entertain the transfer application.

Thus:

Section 22 tells us when and why a transfer application may be made, while Section 23 deals with the forum before which the application is to be made.

This distinction is frequently tested in examinations.

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Relationship Between Section 22 and Section 24 CPC

Section 24 gives the High Court and District Court a broader power to transfer or withdraw suits, appeals and other proceedings pending before subordinate courts.

The two provisions should not be confused.

Basis	Section 22	Section 24
Nature	Specific transfer mechanism	General transfer and withdrawal power
Applicant	Defendant under the Section	Transfer may be exercised by High Court or District Court on application or otherwise
Multiple competent courts	Central requirement	Not limited in the same manner
Stage	Early procedural stage	Broader application
Notice	Specifically contemplated	Governed by Section 24 and applicable procedure
Scope	Suits capable of being instituted in more than one competent court	Suits, appeals and other proceedings within the statutory scope
Purpose	Allows defendant to seek transfer	Broader supervisory transfer/withdrawal power

Section 24 is considerably wider in scope.

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Relationship with Section 20 CPC

Section 20 is particularly relevant because it identifies circumstances in which suits other than those covered by Sections 16 to 19 may be instituted.

Where the conditions of Section 20 allow a suit to be filed in more than one court, Section 22 may become relevant.

For example, if part of the cause of action arises within the territorial jurisdiction of Court A and the defendant resides or carries on business within the jurisdiction of Court B, both courts may potentially have jurisdiction depending upon the facts and applicable law.

The plaintiff may institute the suit in a competent forum, while the defendant may seek transfer under Section 22.

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Section 22 Does Not Confer Jurisdiction

This is an important principle.

Section 22 does not itself give jurisdiction to a court.

It operates only when the suit is already capable of being instituted in more than one competent court.

Therefore:

Section 22 regulates the choice between existing competent forums; it does not create a new forum.

If Court B has no jurisdiction over the suit, the defendant cannot use Section 22 to transfer the suit from Court A to Court B merely because Court B is more convenient.

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Practical Examples

Example 1 — Two Competent Courts

A files a suit against B in Court X. The law also permits the suit to be instituted in Court Y.

B resides close to Court Y, most witnesses are located there, and defending the suit in Court X would cause substantial inconvenience.

B may seek transfer under Section 22, subject to the statutory requirements and the court’s discretion.

Example 2 — Only One Court Has Jurisdiction

A files a suit concerning immovable property in the court having jurisdiction over the property.

B wants the matter transferred to another court simply because it would be more convenient.

If the other court does not have jurisdiction under the applicable provisions, Section 22 cannot be used merely to create such jurisdiction.

Example 3 — Delayed Application

A suit is filed in Court X. B knows from the beginning that Court Y is also competent and believes that Y would be more convenient.

B participates in the trial for a substantial period and raises the transfer request only after important proceedings have taken place.

The delay may weigh heavily against the application because Section 22 requires the defendant to act at the earliest possible opportunity.

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Important Case Laws on Section 22

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

Principle: The Supreme Court explained the principles governing transfer of cases and emphasised that transfer jurisdiction is to be exercised in accordance with the interests of justice. Considerations such as convenience of parties and witnesses, availability of evidence and other relevant circumstances may be examined.

Relevance to Section 22: The decision is useful for understanding the broader principles that guide judicial consideration of transfer applications.

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

Principle: The Supreme Court recognised that in transfer matters, the overriding consideration is the ends of justice, and convenience of the parties and other relevant circumstances may be taken into account.

Relevance to Section 22: Although transfer powers may arise under different provisions, the decision illustrates the broader judicial approach to transfer of civil proceedings.

Kothamangalam Service Co-operative Bank Ltd. v. K. M. Raghavan, (2005) 9 SCC 514

Principle: The Supreme Court considered the scope of transfer provisions and the circumstances in which a party may seek transfer where more than one court possesses jurisdiction.

Relevance to Section 22: The decision assists in understanding the relationship between the statutory right to seek transfer and the court’s discretion in determining the appropriate forum.

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Common Confusions About Section 22

1. Section 22 Does Not Give the Defendant an Absolute Right to Transfer

The defendant has a statutory mechanism to seek transfer.

The ultimate decision rests with the competent court.

2. More Than One Court Must Have Jurisdiction

This is fundamental.

If only one court has jurisdiction, Section 22 cannot be invoked simply because another court is more convenient.

3. Section 22 Is Different from Section 24

Section 22 is a specific mechanism concerning suits that could be instituted in more than one competent court.

Section 24 gives the High Court and District Court a broader power of transfer and withdrawal.

4. Section 22 Is Not the Same as an Objection to Jurisdiction

An objection to jurisdiction argues that the court does not have jurisdiction.

A Section 22 transfer application operates on the opposite premise: more than one court has jurisdiction.

The defendant seeks to have the suit transferred from one competent court to another competent court.

This is one of the most important distinctions to remember.

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Practical Importance in Civil Litigation

Section 22 can become important where litigation spans different jurisdictions and several courts are legally competent to entertain the same suit.

For defendants, the provision provides a means of seeking a forum that may be more convenient or appropriate.

For plaintiffs, it reinforces the importance of understanding that choosing a competent court does not necessarily end the question of forum. A defendant may seek transfer where the statutory requirements are satisfied.

For advocates, the practical considerations include:

• Identifying all competent forums at the outset;
• Determining whether another court has jurisdiction;
• Raising a transfer request promptly;
• Demonstrating actual inconvenience rather than making general assertions;
• Considering the location of witnesses and evidence;
• Understanding the distinction between Sections 22, 23 and 24.

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Importance for Law Students and Judiciary Exams

Section 22 is commonly tested along with Sections 23 and 24.

What to Remember

• Section 22 applies where a suit may be instituted in more than one competent court.
• The provision primarily contemplates an application by the defendant.
• Notice must be given to the other parties.
• The application must be made at the earliest possible opportunity.
• Where issues are settled, the application should ordinarily be made at or before settlement of issues.
• Transfer is not automatic.
• Section 23 determines the proper court for making the transfer application.
• Section 24 provides a broader power of transfer and withdrawal.
• Section 22 does not create jurisdiction in a court that otherwise lacks it.

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Important Questions to Prepare

1. What is the object of Section 22 CPC?
2. What are the essential conditions for invoking Section 22?
3. Who can apply for transfer under Section 22?
4. What is meant by a suit “which may be instituted in more than one Court”?
5. Why must the application under Section 22 be made at the earliest possible opportunity?
6. Explain the relationship between Sections 22 and 23 CPC.
7. Distinguish Section 22 from Section 24 CPC.
8. Does Section 22 confer jurisdiction on a court?
9. Explain the role of convenience of parties and witnesses in transfer proceedings.
10. Distinguish a Section 22 transfer application from an objection to jurisdiction.

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Key Legal Principles

1. Multiple competent forums are essential

Section 22 applies only when the suit can legally be instituted in two or more competent courts.

2. Transfer is not automatic

The defendant may seek transfer, but the court determines whether the circumstances justify it.

3. The application must be prompt

The defendant should apply at the earliest possible opportunity and, where issues are settled, at or before settlement of issues.

4. Section 22 does not create jurisdiction

It allows consideration of transfer between courts that already possess jurisdiction.

5. Convenience is relevant

The court may consider the convenience of parties and witnesses, the location of evidence and the overall interests of justice.

6. Section 22 and Section 21 operate on different premises

Section 21 deals with objections concerning jurisdiction, while Section 22 assumes that more than one court is competent and provides a mechanism for seeking transfer between them.

7. Section 23 identifies the forum for the transfer application

Sections 22 and 23 should therefore be studied together.

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Key Takeaways

Concept	Principle
Section	Section 22 CPC
Core subject	Transfer of suits capable of being instituted in more than one court
Applicant	Defendant
Essential condition	Two or more competent courts must have jurisdiction
Timing	Earliest possible opportunity
Settlement of issues	Application ordinarily at or before settlement of issues
Notice	Required to other parties
Nature of transfer	Discretionary
Section 23	Determines the court competent to entertain the transfer application
Section 24	Provides broader transfer and withdrawal powers
Important distinction	Section 22 does not create jurisdiction

ALSO READ: Section 21A – Bar on Suit to Set Aside Decree on Objection as to Place of Suing

Conclusion

Section 22 CPC provides a specific procedural mechanism for a defendant who seeks transfer of a suit where the law permits the suit to be instituted in more than one competent court. The provision balances the plaintiff’s choice of forum with the defendant’s legitimate request for a more appropriate forum, while requiring the application to be made promptly and with notice to the other parties.

The most important point to remember is that Section 22 assumes the existence of more than one competent court. It does not allow a suit to be transferred to a court that has no jurisdiction. For examinations, Section 22 should be read together with Sections 23 and 24 CPC, as they collectively provide the broader framework governing transfer of civil proceedings.