In Brief
A suit for declaration of right, title and interest and damages was instituted in Dimapur, Nagaland but fell victim to hostile circumstances, leading the appellants to seek transfer to Guwahati, Assam under section 24 of the CPC. The Gauhati High Court wrongly rejected this, following earlier precedent that inter-State transfers require the Supreme Court. The Supreme Court held that where a High Court is common to multiple States under Article 231 of the Constitution, it can transfer cases between subordinate courts in different States under section 24 of the CPC. Section 25 of the CPC, which reserves such power to the Supreme Court, applies only where the States have separate High Courts. The Court allowed the appeal and remitted the matter to the Gauhati High Court for fresh consideration.
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