Place of Suing and Transfer of Suits Questions and Answers

Answer: D

The transfer may be ordered by the High Court.

Section 24 of the Code of Civil Procedure gives the High Court and the District Court a general power to transfer suits, appeals and other proceedings. A District Court can move a case only between courts subordinate to it within its own district, so transfer from one district to another within the State is for the High Court. Transfer from one State to another is for the Supreme Court under Section 25.

The power can be exercised on application or on the court's own motion, without the parties' agreement and at any stage, and the court in which the suit is pending has no power to send it to another district.

Answer: D

Neither conclusion follows. The statements concern Section 16, the suits relating to immovable property to be instituted where the subject matter is situated, and Section 15, which sets out the court of the lowest grade competent to try a suit.

Conclusion I is about the presumption as to foreign judgments, which is dealt with in Section 14, and Conclusion II is about suits for foreclosure, sale or redemption of mortgages, which is in Section 16(c). Neither is stated or implied by the two statements, so the keyed option is that neither follows.