VidhiSangh

Supreme Court of India · 28/02/2023

SHAH NEWAZ KHAN & ORS. versus STATE OF NAGALAND & ORS

[2023] 3 S.C.R. 985 · 2023 INSC 176

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Summary

Plaintiffs whose suit before the District Judge at Dimapur, Nagaland had thrice been dismissed and restored sought its transfer under Section 24 CPC to the District Judge at Guwahati, Assam; the Gauhati High Court, the common High Court for Assam, Nagaland, Mizoram and Arunachal Pradesh, rejected the application relying on Durgesh Sharma, holding that only the Supreme Court can order an inter-State transfer under Section 25. The Supreme Court allowed the appeal: Section 25 applies to inter-State transfers where both States have their own High Court under Article 214, not where they share a common High Court under Article 231; a common High Court may exercise its Section 24 power even for an inter-State transfer if both civil courts are subordinate to it, a narrow reading of Section 25 being inconsistent with access to justice for litigants of the North-East.

Issues

  1. Whether Section 25 CPC, which vests the Supreme Court with power to transfer a suit from a civil court in one State to a civil court in another State, bars a common High Court for two or more States under Article 231 from entertaining an application under Section 24 CPC to transfer a suit between civil courts in different States that are both subordinate to it.

Provisions considered

Held

Result

Appeal allowed; Gauhati High Court judgment dated 10.12.2015 in TR No. 68 of 2015 set aside and the High Court to decide the Section 24 CPC application afresh on its merits with reasonable priority; Transfer Petition (C) No. 307 of 2016 under Section 25 CPC dismissed as infructuous; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2023] 3 S.C.R. 985.