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Criminal Procedure Code QUESTION #9512
Question 1
A District Court transfers a suit to itself from a subordinate Court. The transferred suit is tried by the District Court and a decree is passed. The losing party B appeals. B contends the District Court lacked jurisdiction to try the suit originally since it should be tried by the subordinate Court. What should the appellate Court do?
  • Refer the question of jurisdiction to the High Court
  • Dismiss B's appeal; under Section 24(4) CPC, a Court trying a suit transferred or withdrawn under Section 24 has the same powers as the original Court, and an order of transfer by the District Court of its own motion is valid✔️
  • Send the matter back for retrial to the subordinate Court
  • Set aside the decree since the District Court should not have tried it
Correct Answer Explanation
Section 24(1) CPC empowers the District Court to withdraw any suit from a subordinate Court and try it itself. Section 24(2) provides that such Court may retry or continue from where it was transferred. The transfer is lawful, and the decree of the District Court in a transferred suit is as valid as if it had originally had jurisdiction.