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CS Professional · Drafting, Pleadings and Appearances · Judicial and Administrative Framework

Two Civil Courts have jurisdiction over a suit. They are subordinate to different Appellate Courts but to the same High Court. Where should the application for transfer under Section 22 be made, according to Section 23?

The application goes to the High Court to which both Courts are subordinate. Section 23(2) provides this where the Courts have different Appellate Courts but the same High Court. The Appellate Court route applies only if they share one Appellate Court.

  1. ATo either of the two Appellate Courts
  2. BTo the High Court to which both Courts are subordinateCorrect
  3. CTo the Supreme Court
  4. DTo the Court in which the suit is brought

Explanation

Section 23(2) says that where the Courts are subordinate to different Appellate Courts but to the same High Court, the application is made to that High Court. Option one applies only when they share the same Appellate Court.

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