https://indianmasterminds.com

ADVERTISEMENT
ADVERTISEMENT

Allahabad High Court Clarifies Law: Why Transfer Orders Under Section 24 CPC Cannot Be Challenged by Special Appeal

The Allahabad High Court has ruled that orders under Section 24 of the Code of Civil Procedure (CPC) cannot be challenged through a Special Appeal, reaffirming that such transfer orders are procedural and not appealable by law under the CPC or High Court Rules.
Section 24 CPC
Indian Masterminds Stories

Allahabad: In a significant clarification on procedural remedies in civil litigation, the Allahabad High Court has held that transfer orders passed under Section 24 of the Code of Civil Procedure (CPC) cannot be challenged through a Special Appeal under the High Court Rules, 1952. 

The ruling reinforces long-standing legal interpretation about the non-appealable nature of such transfer orders and emphasizes the limited scope of appeals in civil procedure matters. 

Bench, Parties, and Case Background of Section 24 CPC Ruling 

The Division Bench comprising Justice Rajan Roy and Justice Prashant Kumar delivered the judgment while hearing a Special Appeal filed by Vinay Mohan against an order dated 20 May 2025. 

Read also: Section 195A IPC Demystified — Supreme Court’s Big Verdict on Witness Threats and FIR Restrictions

The appellant had sought a Special Appeal under Chapter VIII, Rule 5 of the Allahabad High Court Rules, 1952, challenging a Single Judge’s order which transferred a civil case from one court to another under Section 24 CPC. 

What Is Section 24 CPC?

Section 24 of the Code of Civil Procedure, 1908 empowers a District Judge or High Court to transfer civil suits and proceedings from one court to another — either within the same district or across districts — in the interests of justice. While the provision grants supervisory authority to higher courts, it is inherently procedural, designed to facilitate efficient case management rather than decide the substantive rights of litigants. 

Special Appeal of Section 24 CPC

At the outset, the Court examined whether the order transferring the suit under Section 24 CPC qualifies as a “judgment” under Chapter VIII, Rule 5 of the Allahabad High Court Rules, thereby permitting a Special Appeal.

After analyzing statutory language and judicial precedents, the Bench held:

A transfer order under Section 24 CPC does not qualify as a “judgment” under the High Court Rules because it does not decide the merits of the case, terminate the suit, or adjudicate rights of the parties; it only facilitates procedural convenience. 

Therefore, a Special Appeal under Rule 5 is not maintainable against such orders. 

Statutory Bar Under CPC Sections 104 & 105

The Court further examined Sections 104 and 105 of the CPC to determine if any statutory right of appeal exists against transfer orders:

  • Section 104 CPC identifies the orders that can be appealed.
  • Section 105 CPC expressly bars appeals against certain orders not specified in Section 104.

Since the CPC does not specifically provide a right of appeal against transfer orders under Section 24, and Section 105 bars appeals where none are expressly granted, the Bench concluded that the legislature did not intend to make such orders appealable. 

Allowing an appeal would effectively create a right not envisaged by statute. 

Bench’s Reasoning of Section 24 CPC

The Court distinguished transfer orders from orders that affect the rights of parties directly, such as dismissal of a plaintiff or final decrees. A transfer order merely relocates a proceeding from one court to another, with no adjudication on the substantive controversy. As such:

Such an order neither affects the merits of the controversy between parties nor disposes of the suit on any ground. Therefore, an order of transfer cannot be placed in the same category as an order rejecting a plaint or one dismissing a suit on a preliminary ground.” 

This reasoning aligns with coordinate Bench precedents, including Amit Khanna vs. Smt. Suchi Khanna, which held similar legal effects regarding non-appealability of transfer orders. 

Precedent Distinctions Highlighted by the Court 

In its analysis, the Court clarified that judgments relied upon by the appellant were not applicable because:

  • Cases like Subal Paul vs. Malina Paul involved the Indian Succession Act, a special statute, not the CPC.
  • Other decisions allowed appeals only where jurisdictional errors were found or where the impugned order was treated as a judgment in a broader statutory context. 

Key Implications of Allahabad high court ruling on Section 24 CPC for Litigants and Civil Procedure Law

This clarification has broad implications for civil litigants and legal practitioners:

  • Transfer orders under Section 24 CPC will remain non-appealable through Special Appeal unless the statute is amended.
  • Litigants must understand that procedural orders, even if inconvenient, do not carry the right to appeal unless explicitly provided by law.
  • This ruling reinforces the principle that appellate rights are not automatic but must be expressly conferred by statute. 

Read also: Court Orders Are Supreme: Allahabad High Court Says Top State Officer Faces Contempt for Failure to Implement Court Orders


Indian Masterminds Stories
ADVERTISEMENT
ADVERTISEMENT
Related Stories
ADVERTISEMENT
ADVERTISEMENT
NEWS
Bihar Education
Bihar to Appoint Teachers, 5,500 Librarians and 7,000 Special Educators under TRE-4 by January 14
Bihar ATS regional offices
Bihar ATS to Open 4 Regional Offices in Gaya, Motihari, Darbhanga, and Purnia to Boost Counter-Terrorism
Ministry-of-Finance
Uttarakhand Gets ₹200 Crore Financial Assistance for Mining Reforms, State Launches “State Pragati” Initiative
President-Droupadi-Murmu
President Draupadi Murmu Announces ₹24,000 Crore Tribal Development Mission for 75 Vulnerable Groups in Jharkhand
book fair
National Book Fair in Ranchi Draws Crowds, Highlights Jharkhand’s History, Tribal Heritage, and Self-Help Literature
hemant-soren
Jharkhand Government Pushes for Full Integration of 80 Critical Services with Single Window System
Digital Museum of Tribal Heroes
Chhattisgarh Tableau Featuring India’s First Digital Museum of Tribal Heroes Selected for Republic Day Parade
Pooja Singhal PMLA Case
High Court Tightens the Noose on Corruption, Rejects Sanction Shield for Ex-IAS Officer Pooja Singhal
ADVERTISEMENT
ADVERTISEMENT
Videos
Venu Rajamony
A President, a Teacher, a Father Figure: Venu Rajamony on Working with Pranab Mukherjee
Venu Rajamony
From Newsroom to The Hague: The Many Lives of Diplomat Venu Rajamony
Shakeel Maqbool
When Numbers Guide Governance: The Story of ICAS Officer Shakeel Maqbool
ADVERTISEMENT
UPSC Stories
Shubham-KUmar-IAS-1
Failures, Fear, and Triumph: The Untold Journeys of India’s Youngest UPSC Rank 1 IAS Toppers (2016–2020)
Discover the journeys of UPSC Rank 1 toppers—Durishetty Anudeep, Nandini KR, Kanishka Kataria, Pradeep...
UPSC Rank 1 Toppers 2011 to 2015
Five UPSC Rank 1 Toppers, Five Different Paths: How IAS Officers from 2011–2015 Found Their Way
Discover the journeys of UPSC Rank 1 toppers from 2011 to 2015—Shena Aggarwal, Haritha V Kumar, Gaurav...
UPSC Toppers 2006 to 2010
Not Born Toppers: When Dreams Were Tested, Resolve Was Proven – The Making of UPSC Rank 1 (2006–2010)
From humble beginnings to UPSC Rank 1, these 2006–2010 toppers—Mutyalaraju Revu, Dr. Adapa Karthik, Shubhra...
Social Media
venomous banded krait
Rare Night Encounter: IFS Officer Spots Highly Venomous Banded Krait During Forest Patrol, Internet Amazed
An IFS officer’s night patrol video of a highly venomous banded krait has gone viral, highlighting India’s...
elephant rescue Karnataka
Heroic Karnataka Elephant Rescue: How a 28-Hour “Impossible Mission” Became a Triumph of Wildlife Care, IFS Parveen Kaswan Shares Video
A trapped elephant was rescued after 28 hours in Karnataka through a massive, expertly coordinated Forest...
IFS leaf-whistling viral video
IFS Officer Shares Video of Tiger Reserve Guide’s Leaf-Whistling Talent, Internet Tries to Guess the Tune
Jaldapara National Park Guide Shows Extraordinary Leaf-Whistling Skills, Goes Viral
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Latest
Bihar Education
Bihar to Appoint Teachers, 5,500 Librarians and 7,000 Special Educators under TRE-4 by January 14
Dr. Shakeel P
A Doctor-Turned-Bureaucrat Leading Meghalaya’s Administration
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Videos
Venu Rajamony
Venu Rajamony
Shakeel Maqbool
ADVERTISEMENT
ADVERTISEMENT