Question

A suit is pending in District Court A, but one of the parties, Meera, requests its transfer to District Court B, claiming that the judge in Court A is biased. The opposing party, Ravi, objects, stating that the request is baseless. Who has the authority to decide whether the suit can be transferred?

• A. The Civil Judge in District Court B
• B. A committee of local advocates
• C. The District Court where the suit is currently pending
• D. The High Court or the Supreme Court

Hint:

Transfer of suits for reasons like bias or fair trial concerns must be approved by higher courts — District Courts cannot self-transfer cases.

Answer 1

The Correct Option is D

Step 1: Understanding the jurisdiction.
Under Section 24 and 25 of the Civil Procedure Code (CPC), 1908 (retained in BNSS for procedural matters), the power to transfer cases lies with the High Court or the Supreme Court.
Step 2: Conditions for transfer.
A case may be transferred if there is a reasonable apprehension of bias or other valid cause that may affect a fair trial. However, the decision must be made by the higher judiciary, not the same district court.
Step 3: Conclusion.
Thus, only the High Court (within a state) or the Supreme Court (between states) can authorize such transfers.