The Code of Civil Procedure, 1908 section 158
The Code of Civil Procedure, 1908 is an important legislation in India that governs the procedural aspects of civil litigation in the country. It outlines the rules and procedures to be followed by civil courts in India when handling civil cases.Section 158 of the Code of Civil Procedure, 1908 is related to the transfer of cases. It empowers a High Court to transfer any case pending before a subordinate court (lower court) within its jurisdiction to another subordinate court in the same state. The purpose of this provision is to ensure fair and impartial proceedings, convenience of parties or witnesses, or for any other reason considered just and proper by the High Court.The section provides the High Court with discretionary powers to transfer cases. The High Court may exercise this power on its own motion (suo motu) or on an application made by a party to the case or even a person not party to the case. The transfer can be from one district court to another district court or from a district court to a subordinate court within the district.The High Court, before transferring a case, considers factors such as the nature of the case, the convenience of the parties and witnesses, the stage of the proceedings, and any other relevant circumstances. The objective is to ensure a fair and expeditious trial and to prevent abuse of the judicial process.It’s important to note that the specific provisions and interpretations of Section 158 may vary, so it is always advisable to refer to the latest version of the Code of Civil Procedure or consult with a legal professional for accurate and up-to-date information.Send a message.