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Head Note

The Code of Civil Procedure, 1908  - Section 22 , Section 23 , Section 24 , Section 25

Place of filing civil suit - The plaintiff as arbiter litis or dominus litis has a right to choose his/her own forum where there is more than one Court in which such suit may be instituted - Defendant cannot guide the plaintiff - However, the right of the plaintiff to choose a forum is not arbitrary, a Superior Court may transfer an case pending in one Court to another Court.

The Code of Civil Procedure, 1908  - Section 23 (2) , Section 25 , The Hindu Marriage Act, 1955  - Section 13

Territorial jurisdiction - Whether High Court has power under Section 23(3) of C.P.C. to transfer a case, appeal or other proceedings from a court subordinate to it to a court subordinate to another High Court (No) - This power vests in Supreme Court only under Section 25 C.P.C. - In the instant husband file a suit for divorce at Ujjain (M.P.) - Wife lived at Malegaon (Maharashtra) - High Court of Bombay transferring the suit to a court to Malegaon (Maharashtra) in exercise of power under Section 23(3) C.P.C. - Order of High Court set aside - Power of transfer vests in Supreme Court under Section 25 C.P.C.

Topic(s)-Territorial jurisdiction  , Place of filing civil suit