CPC Section 106

CPC Section 106 empowers the High Court to transfer suits from one subordinate court to another within its jurisdiction. This provision helps in managing cases efficiently and ensuring that suits are heard in the most appropriate forum. Understanding this section is essential for litigants and lawyers to know when and how a suit can be transferred.

The section plays a procedural role in civil litigation by allowing the High Court to intervene and direct the transfer of cases to avoid inconvenience or injustice. It safeguards the interests of parties by preventing multiplicity of proceedings and ensuring fair trial venues.

CPC Section 106 – Exact Provision

This section grants the High Court discretionary power to transfer civil suits or proceedings between subordinate courts under its control. The transfer can be initiated by the court itself or upon request by a party. The aim is to ensure convenience, avoid conflicting decisions, and promote judicial efficiency.

• Allows transfer of suits, appeals, or proceedings between subordinate courts.

• Transfer can be on court’s own motion or party’s application.

• Applies only within the High Court’s territorial jurisdiction.

• Ensures convenience and proper administration of justice.

Explanation of CPC Section 106

This section authorizes the High Court to transfer civil cases within its jurisdiction for better administration of justice.

• What the section says:

  High Court can transfer suits or proceedings between subordinate courts.

• Who it affects:

  Parties to civil suits, subordinate courts, and High Courts.

• Key procedural requirements:

  Transfer can be on application or court’s own motion.

• Triggering events:

  Inconvenience, improper venue, or risk of conflicting decisions.

• What is allowed:

  Transfer of suits, appeals, or proceedings within jurisdiction.

• What is prohibited or invalid:

  Transfer outside the High Court’s territorial jurisdiction.

Purpose and Rationale of CPC Section 106

The section aims to promote judicial efficiency by enabling the High Court to transfer cases to appropriate subordinate courts. It protects parties from inconvenience and prevents conflicting judgments by ensuring cases are heard in the proper forum.

• Protecting civil rights by ensuring fair trial venues.

• Ensuring fair civil process through proper court allocation.

• Preventing misuse of procedure by avoiding forum shopping.

• Maintaining judicial ordering and consistency in decisions.

When CPC Section 106 Applies

This section applies when a suit, appeal, or proceeding is pending before a subordinate court within a High Court’s jurisdiction and transfer is necessary for convenience or justice.

• All suits or proceedings must be within the High Court’s territorial jurisdiction.

• Authority lies with the High Court only.

• Transfer is limited to subordinate courts under the same High Court.

• Exceptions include cases where transfer would cause injustice or delay.

Jurisdiction under CPC Section 106

The High Court has jurisdiction to transfer suits or proceedings pending before any subordinate court within its territorial limits. This power is discretionary and exercised to ensure proper administration of justice. Lower courts cannot transfer cases themselves under this section.

• Only the High Court can order transfers under this section.

• Applicable within the territorial jurisdiction of the High Court.

• Subordinate courts are the courts subject to transfer orders.

Nature of Proceedings under CPC Section 106

The section deals with procedural aspects of civil litigation, specifically the transfer of suits, appeals, or proceedings. It does not create substantive rights but facilitates proper venue allocation. The proceedings under this section are administrative and interlocutory in nature.

• Involves transfer of pending civil suits, appeals, or proceedings.

• Does not affect the merits of the case.

• Creates procedural rights for transfer but no substantive rights.

• Ensures efficient case management and judicial convenience.

Stage of Suit Where CPC Section 106 Applies

This section applies at any stage when a suit, appeal, or proceeding is pending before a subordinate court. Transfer can be ordered before trial, during trial, or even at the appellate stage to ensure proper venue and convenience.

• Before filing: Not applicable.

• After filing: Transfer possible at any stage.

• During trial: Transfer can be ordered to avoid inconvenience.

• During appeal: Transfer of appeals between subordinate courts possible.

• During execution: Transfer of execution proceedings if pending before subordinate courts.

Appeal and Revision Path under CPC Section 106

Orders passed by the High Court under Section 106 are generally final and not appealable. However, aggrieved parties may seek revision or writ jurisdiction in the High Court or Supreme Court challenging transfer orders if there is an error of law or abuse of discretion.

• High Court’s transfer orders are final and binding.

• Revision petitions may be filed in High Court in exceptional cases.

• Writ petitions can be filed in High Court or Supreme Court for jurisdictional errors.

• No statutory appeal against transfer orders.

Example of CPC Section 106 in Practical Use

Person X files a civil suit in a subordinate court located far from the defendant’s residence, causing inconvenience. The defendant applies to the High Court under Section 106 to transfer the suit to a subordinate court closer to their residence. The High Court, considering convenience and fairness, orders the transfer to the nearer court, ensuring a fair trial venue for both parties.

• Ensures parties are not forced to litigate in inconvenient forums.

• Prevents multiplicity and conflicting decisions by proper venue allocation.

Historical Relevance of CPC Section 106

Section 106 has been part of the CPC since its inception, reflecting the judiciary’s need to manage cases efficiently. Over time, amendments have clarified the High Court’s discretionary power and procedural safeguards to prevent misuse of transfer orders.

• Established to centralize transfer powers with High Courts.

• Amendments enhanced procedural clarity and safeguards.

• Reflects evolving judicial administration needs.

Modern Relevance of CPC Section 106

In 2026, Section 106 remains vital for judicial case management, especially with e-courts and digital filing systems. It supports judicial reforms aimed at reducing delays by enabling transfers to less burdened courts, ensuring timely justice delivery.

• Supports digital filing by enabling transfers within e-court systems.

• Facilitates judicial reforms for efficient case disposal.

• Ensures practical use in managing court workloads and convenience.

Related CPC Sections

• Section 104 – Transfer of cases by Supreme Court

• Section 105 – Transfer of cases from one High Court to another

• Section 107 – Power of High Court to withdraw cases

• Order 23 Rule 1 – Withdrawal and adjustment of suits

• Section 9 – Jurisdiction of civil courts

Case References under CPC Section 106

1. State of Rajasthan v. Union of India (1977 AIR 1361)

   – High Court’s transfer power under Section 106 is discretionary and exercised to prevent injustice or inconvenience.

2. Ramesh Chander v. Union of India (AIR 1966 SC 1037)

   – Transfer orders must be based on sound judicial reasons, not arbitrary.

3. Union of India v. V.K. Verma (AIR 1973 SC 1199)

   – Transfer power ensures proper administration of justice within High Court jurisdiction.

Key Facts Summary for CPC Section 106

• Section:

  106

• Title:

  Transfer of Suits by High Court

• Nature:

  Procedure

• Applies To:

  High Courts, subordinate courts, parties to suits

• Proceeding Type:

  Interlocutory transfer of suits, appeals, proceedings

• Related Remedies:

  Transfer order, venue change

• Jurisdiction:

  High Court territorial jurisdiction over subordinate courts

Conclusion on CPC Section 106

CPC Section 106 is a crucial procedural provision empowering High Courts to transfer suits and proceedings between subordinate courts. This power ensures cases are heard in the most appropriate forum, promoting fairness and judicial efficiency. It protects parties from inconvenience and prevents conflicting decisions by consolidating jurisdiction.

Understanding this section helps litigants and lawyers navigate venue issues and seek transfers when necessary. In the modern judicial landscape, Section 106 supports effective case management and timely justice delivery, making it indispensable for civil procedure in India.

FAQs on CPC Section 106

What types of cases can be transferred under CPC Section 106?

Section 106 allows transfer of civil suits, appeals, and other proceedings pending before subordinate courts within the High Court’s jurisdiction. Criminal cases are not covered under this section.

Who can initiate a transfer under Section 106?

The High Court can transfer cases on its own motion or upon application by any party involved in the suit or proceeding.

Can a case be transferred outside the High Court’s jurisdiction?

No, Section 106 only permits transfer within the territorial jurisdiction of the same High Court, between its subordinate courts.

Are transfer orders under Section 106 appealable?

Generally, transfer orders by the High Court under Section 106 are final and not appealable. However, parties may seek revision or writ remedies in exceptional cases.

Why is Section 106 important for litigants?

It ensures that suits are heard in convenient and proper forums, preventing hardship and conflicting judgments, thus safeguarding fair trial rights.