Section 24 CPC General Power of Transfer and Withdrawal, as per Lawkidunya, the word General Power means a power that can be expressed in general. It can be used to affect another’s interest in property and in anyone’s favor. It also authorizes the alienation of a fee to any alienee.
Section 24 CPC and as per Lawkidunya, the word Transfer means Code of Civil Procedure empowers the Supreme Court to transfer any Case, appeal or other proceedings from High Court or another civil court in one State to a High Court or other civil court in any other State.
Section 24 CPC and as per Lawkidunya, the word Withdrawal of suit (also known as abandonment of suit) means a retraction / secession of a previously held position by the party/parties in a legal proceeding. (1) At any time after the institution of a suit the plaintiff may, as against all or any of the defendants, withdraw his suit or abandon part of his claim.
General Power of Transfer and Withdrawal of Suits
(1) On the application of any of the parties and after notice to the parties and after hearing such of them as desire 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(iii) retransfer the same for trial or disposal to the Court from which it was withdrawn.
(2) Where any suit or proceeding has been transferred or withdrawn under subsection
(1), the Court which thereafter tries such suit 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in the case of an order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn.
(3) For the purposes of’ this section, Courts of Additional and Assistant Judges shall be deemed to subordinate to the District Court.
(4) The Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of’ such suit, be deemed to be a Court of Small Causes.