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CS Professional · Drafting, Pleadings and Appearances · Pleadings

Ramesh Agro Pvt Ltd filed a suit in a court at Nashik, which has territorial jurisdiction, though the suit could also have been filed at Pune. The defendant wishes to have the suit moved to Pune. Under the Code of Civil Procedure, 1908, when must the defendant apply for the transfer?

The defendant must apply, after notice to the other parties, at the earliest possible opportunity and, where issues are settled, at or before the settlement of issues. The court then decides, after hearing objections, which of the competent courts will proceed with the suit under section 22.

  1. AOnly after the judgment is pronounced
  2. BAt the earliest possible opportunity, and where issues are settled, at or before their settlementCorrect
  3. CAny time before the appeal is filed
  4. DOnly after the plaintiff gives written consent

Explanation

Section 22 allows a defendant, after notice to the other parties, to apply for transfer where a suit may be instituted in any of two or more courts, at the earliest possible opportunity and, where issues are settled, at or before such settlement. Plaintiff's consent is not required; the court decides after hearing objections. Applying after judgment is too late.

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