Section 25 in The Code of Civil Procedure
Title: Power of Supreme Court to transfer suits etc
1[25. Power of Supreme Court to transfer suits, etc.--(1) On the application of a party, and after notice to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or other proceeding be transferred from a High Court or other Civil Court in one State to a High Court or other Civil Court in another State.
(2) Every application under this section shall be made by a motion which shall be supported by an affidavit.
(3) The Court to which such suit, appeal or other proceeding is transferred shall, subject to any special directions in the order of transfer, either retry it or proceed from the stage at which it was transferred to it.
(4) In dismissing any application under this section, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum, not exceeding two thousand rupees, as it considers appropriate in the circumstances of the case.
(5) The law applicable to any suit, appeal or other proceeding transferred under this section shall be the law which the Court in which the suit, appeal or other proceeding was originally instituted ought to have applied to such suit, appeal or proceeding.]
1. Subs. by s. 11, ibid., for s. 25 (w.e.f. 1-2-1977).
Title: Institution of suits
1[(1)] Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed.
2[(2) In every plaint, facts shall be proved by affidavit.]
*[Provided that such an affidavit shall be in the form and manner as prescribed under Order VI of Rule 15A.]
1. S. 26 renumbered as sub-section (1) by Act 46 of 1999, s. 2 (w.e.f. 1-7-2002).
2. Ins by s. 3, ibid., (w.e.f. 1-7-2002).
* Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Schedule (w.e.f. 23-10-2015).
Title: Summons to defendants
Where a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim and may be served in manner prescribed 1 [on such day not beyond thirty days from date of the institution of the suit.]
1. Ins by s. 3, ibid. (w.e.f. 1-2-2002).
Title: Service of summons where defendant resides in another State
(1) A summons may be sent for service in another State to such Court and in such manner as may be prescribed by rules in force in that State.
(2) The Court to which such summons is sent shall, upon receipt thereof, proceed as if it had been issued by such Court and shall then return the summons to the Court of issue together with the record (if any) of its proceedings with regard thereto.
1[(3) Where the language of the summons sent for service in another State is different from the language of the record referred to in sub-section (2), a translation of the record,—
(a) in Hindi, where the language of the Court issuing the summons is Hindi, or
(b) in Hindi or English where the language of such record is other than Hindi or English,
shall also be sent together with the record sent under that sub-section.]
1. Ins. by Act 104 of 1976, s. 12 (w.e.f. 1-5-1977).
Title: Service of foreign summonses
1[29. Service of foreign summonses.-- Summonses and other processes issued by
(a) any Civil or Revenue Court established in any part of India to which the provisions of this Code do not extend, or
(b) any Civil or Revenue Court established or continued by the authority of the Central Government outside India, or
(c) any other Civil or Revenue Court outside India to which the Central Government has, by notification in the Official Gazette, declared the provisions of this section to apply,
may be sent to the Courts in the territories to which this Code extends, and served as if they were summonses issued by such Courts.]
1. Subs. by Act 2 of 1951, s. 6, for section 29 (w.e.f. 1-4-1951).