24. General power of transfer and withdrawal.—
(1) On the application of any of the parties and
after notice to the parties and after hearing such of them as desired to be heard, or of its own motion
without such notice, the High Court or the District Court may at any stage—
(a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any
Court subordinate to it and competent to try or dispose of the same, or
(b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and—
(i) try or dispose of the same; or
(ii) transfer the same for trial or disposal to any Court subordinate to it and competent to
try or dispose of the same; or
(iii) retransfer the same for trial or disposal to the Court from which it was withdrawn.
(2) Where any suit or proceeding has been transferred or withdrawn under sub-section
(1), the Court
which 1[is thereafter to try or dispose of such suit or proceeding] may, subject to any special directions in the
case of an order of transfer, either retry it or proceed from the point at which it was transferred or
withdrawn.
2
[
(3) For the purposes of this section,—
(a) Courts of Additional and Assistant Judges shall be deemed to be subordinate to the
District Court;
(b) “proceeding” includes a proceeding for the execution of a decree or order.]
(4) The Court trying any suit transferred or withdrawn under this section from a Court of Small Causes
shall, for the purposes of such suit, be deemed to be a Court of Small Causes.
3
[
(5) A suit or proceeding may be transferred under this section from a Court which has no jurisdiction
to try it.]
4
