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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Civil Procedure

Under Section 25 of the Code, which statement about a suit transferred by the Supreme Court from a court in one State to a court in another State is correct?

The law applicable is the law which the court in which the suit was originally instituted ought to have applied. Section 25(5) fixes this, so the transferee State's law does not replace it, and the transferee court may retry or continue from the stage reached.

  1. AThe law applicable is the law which the court of original institution ought to have appliedCorrect
  2. BThe law applicable is the law of the transferee court's State
  3. CThe transferee court must always retry the suit afresh
  4. DThe application may be made by a simple oral request without affidavit

Explanation

Section 25(5) provides that the law applicable to the transferred matter is that which the court where it was originally instituted ought to have applied. Under Section 25(3), the transferee court either retries it or proceeds from the stage of transfer, subject to directions. Under Section 25(2), the application is by motion supported by an affidavit.

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