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CS Professional · Drafting, Pleadings and Appearances · Pleadings

Nair Agro files a suit in a court at Kochi. The suit could also have been instituted in a court at Thrissur. Defendant Menon Feeds wants it moved to Thrissur. Under Section 22 of the Code of Civil Procedure, 1908, which statement is correct?

Menon Feeds, as defendant, may apply after notice to the other parties at the earliest opportunity and at or before settlement of issues. The court then considers the objections and decides which competent court the suit will proceed in, as Section 22 provides.

  1. AMenon Feeds may apply after notice to other parties, at the earliest opportunity and before issues are settled, and the court decides which court will proceedCorrect
  2. BOnly the plaintiff may apply for such transfer
  3. CThe application may be made at any stage after judgment
  4. DThe court must transfer without hearing the other parties

Explanation

Section 22 allows any defendant, after notice to the other parties, to apply at the earliest possible opportunity, and where issues are settled, at or before settlement, for transfer. The court considers the objections of the other parties and decides which court has the suit proceed. Only the defendant is given this right.

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