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Issues: Whether a High Court has power under Section 23(3) of the Code of Civil Procedure, 1908 to transfer a suit, appeal, or other proceeding from a court subordinate to it to a court subordinate to another High Court.
Analysis: Sections 22 to 25 of the Code form a complete scheme governing transfer of suits, appeals, and other proceedings. Section 23 merely specifies the forum in which an application for transfer may be made and does not itself confer substantive power to order transfer. After the 1976 amendment, Section 25 vests the power to transfer proceedings between courts subordinate to different High Courts exclusively in the Supreme Court. The inherent power under Section 151 cannot be used in conflict with this express statutory scheme.
Conclusion: A High Court has no power, authority, or jurisdiction under Section 23(3) to transfer a case from a court subordinate to it to a court subordinate to another High Court; such transfer can be ordered only by the Supreme Court under Section 25.