CPC Section 140
CPC Section 140 details the procedure for transfer of suits from one court to another to ensure fair trial.
CPC Section 140 governs the transfer of civil suits from one court to another. It ensures that cases are heard in the appropriate court to avoid inconvenience or injustice to the parties involved. Understanding this section helps litigants and lawyers navigate procedural fairness in civil litigation.
This section plays a crucial role in maintaining judicial efficiency and fairness by allowing transfer of suits when the current court is unsuitable or biased. It prevents multiplicity of proceedings and promotes proper administration of justice.
CPC Section 140 – Exact Provision
This provision empowers the High Court to transfer a pending civil suit from one subordinate court to another. The decision is based on factors like the location of the suit, convenience of parties, and justice. Transfers can be initiated by parties or the High Court itself to ensure a fair trial.
Allows High Court to transfer suits between subordinate courts.
Considers convenience of parties and ends of justice.
Transfer can be on application or suo motu by High Court.
Aims to prevent inconvenience or bias in trial.
Explanation of CPC Section 140
This section lets the High Court move a suit to a more appropriate subordinate court.
What the section says: High Court may transfer suits between subordinate courts.
Who it affects: Parties to the suit and subordinate courts.
Key procedural requirements: Application by party or High Court’s own motion.
Triggering events: When current court is inconvenient or unsuitable.
What is allowed: Transfer of pending suits.
What is prohibited or invalid: Transfer without proper cause or beyond jurisdiction.
Purpose and Rationale of CPC Section 140
The section aims to ensure that civil suits are tried in the most appropriate forum. It protects parties from inconvenience and potential bias, promoting fairness and judicial efficiency. By enabling transfer, it prevents multiplicity of proceedings and upholds the integrity of the civil justice system.
Protecting civil rights by ensuring fair trial venue.
Ensuring fair civil process through appropriate court assignment.
Preventing misuse of procedure by avoiding forum shopping.
Maintaining judicial ordering and case management.
When CPC Section 140 Applies
This section applies when a civil suit is already pending before a subordinate court, and the High Court finds it just to transfer the suit to another subordinate court. It is used to address issues of inconvenience, bias, or jurisdictional appropriateness.
All required conditions: Suit pending in subordinate court; transfer expedient for justice.
Who has authority: High Court of the state.
Jurisdiction limits: Only between subordinate courts under the same High Court.
Scope of application: Pending civil suits.
Limitations or exceptions: Not applicable to suits outside High Court’s subordinate courts.
Jurisdiction under CPC Section 140
The High Court has exclusive jurisdiction to transfer suits between subordinate courts within its territory. It cannot transfer suits to courts outside its jurisdiction. The section ensures that the suit is heard in a court that best serves justice and convenience.
Only the High Court can order transfers under this section.
Transfers occur between subordinate courts under the same High Court.
Courts outside the High Court’s jurisdiction are excluded.
Nature of Proceedings under CPC Section 140
This section deals with procedural transfer of pending civil suits. It does not create substantive rights or obligations but affects where the suit is heard. The proceedings continue in the transferee court as if originally instituted there.
Involves transfer of pending suits, not initiation or decree.
Creates procedural change, not substantive rights.
Ensures continuity of suit in transferee court.
Does not affect merits of the case.
Stage of Suit Where CPC Section 140 Applies
Section 140 applies only after a suit is filed and pending in a subordinate court. It can be invoked at any stage before final disposal to transfer the suit to another court for convenience or justice.
After filing of suit.
During trial or pre-trial stages.
Before final decree or judgment.
Not applicable before filing or after execution.
Appeal and Revision Path under CPC Section 140
Orders of transfer under Section 140 can be challenged by appeal or revision depending on the High Court’s rules. Generally, the decision of the High Court is final, but parties may seek review or appeal in the Supreme Court under special circumstances.
Appeal lies to the Supreme Court in certain cases.
High Court’s transfer order is usually final.
Timelines depend on applicable procedural rules.
Example of CPC Section 140 in Practical Use
Person X files a civil suit in a subordinate court located far from his residence, causing hardship. The defendant applies to the High Court under Section 140 to transfer the suit to a court closer to both parties. The High Court agrees, considering convenience and justice, and transfers the suit. This ensures a fair trial without undue burden.
Transfer improves access to justice for parties.
High Court exercises discretion to prevent inconvenience.
Historical Relevance of CPC Section 140
Section 140 has evolved to address issues of forum convenience and judicial efficiency. Amendments have clarified the High Court’s power to transfer suits, balancing party convenience and judicial administration. Its historical role has been to prevent multiplicity and unfair trials.
Originated to centralize transfer powers in High Courts.
Amended to include suo motu transfer powers.
Refined to prevent misuse and ensure fairness.
Modern Relevance of CPC Section 140
In 2026, Section 140 remains vital for judicial case management. With digital filing and e-courts, transfers can be processed efficiently. The section supports judicial reforms aimed at reducing delays and ensuring suits are heard in appropriate forums, enhancing access to justice.
Supports digital filing and e-court integration.
Enables judicial reforms for efficient case management.
Prevents forum shopping and delays in civil suits.
Related CPC Sections
Section 9 – Jurisdiction of civil courts
Section 20 – Suits to be instituted where defendant resides
Section 141 – Transfer of cases from one High Court to another
Order 23 Rule 1 – Withdrawal and adjustment of suits
Order 39 – Interim injunctions and interlocutory orders
Case References under CPC Section 140
- State of Maharashtra v. Dr. Praful B. Desai (2003, 4 SCC 601)
– High Court’s power to transfer suits must be exercised judiciously considering convenience and ends of justice.
- Union of India v. Ibrahim Uddin (1979, AIR 1980 SC 1622)
– Transfer of suits should prevent multiplicity and avoid inconvenience to parties.
Key Facts Summary for CPC Section 140
- Section:
140
- Title:
Transfer of Suits Between Courts
- Nature:
Procedure
- Applies To:
Subordinate courts, parties to suit
- Proceeding Type:
Pending suit transfer
- Related Remedies:
Transfer of venue
- Jurisdiction:
High Court within state
Conclusion on CPC Section 140
CPC Section 140 is a crucial procedural provision that empowers High Courts to transfer pending civil suits between subordinate courts. This ensures that cases are heard in the most appropriate forum, promoting fairness and convenience for the parties involved. It helps prevent undue hardship and potential bias in civil litigation.
By allowing transfers, the section supports judicial efficiency and proper case management. Litigants and lawyers should understand this provision to effectively navigate procedural aspects of civil suits and ensure justice is served without unnecessary delay or inconvenience.
FAQs on CPC Section 140
What is the main purpose of CPC Section 140?
The main purpose is to allow the High Court to transfer pending civil suits between subordinate courts to ensure convenience of parties and ends of justice. It prevents unfair trials and inconvenience.
Who can apply for transfer under Section 140?
Any party to the suit can apply for transfer, or the High Court may transfer the suit on its own motion (suo motu) if it deems fit.
Can suits be transferred to courts outside the High Court’s jurisdiction?
No, Section 140 only allows transfer between subordinate courts under the same High Court. Transfer outside its jurisdiction is not permitted under this section.
At what stage of the suit can Section 140 be invoked?
Section 140 applies only when the suit is pending before a subordinate court. It can be invoked at any stage before final disposal to transfer the suit.
Is the High Court’s transfer order under Section 140 final?
Generally, the High Court’s order is final. However, parties may challenge it through appeal or revision in the Supreme Court under special circumstances.