Order XLI - Application for Transfer Under Article 139A(2) of
constitution and section 25 of Code of Civil Procedure 1908 : Supreme Court Rules 2013
How to file Application for Transfer Under Article 139A(2) of
constitution and section 25 of Code of Civil Procedure 1908? Order XLI of Supreme Court Rules 2013
Order XLI of Supreme Court Rules 2013 : "Application for
Transfer Under Article 139A(2) of constitution and section 25 of
Code of Civil Procedure 1908"
1. Every petition under article I39A(2) of the Constitution
or section 25 of the Code of Civil Procedure, 1908, shall be in
writing. It shall state succinctly and clearly all relevant
facts and particulars of the case, the name of the High Court or
other Civil Court in which the case is pending and the grounds
on which the transfer is sought. The petition shall be supported
by an affidavit.
2. The petition shall be posted before the Court for
preliminary hearing and orders as to issue of notice. Upon such
hearing the Court, if satisfied that no prima facie case for
transfer has been made out, shall dismiss the petition and if
upon such hearing the Court is satisfied that a prima facie case
for granting the petition is made out, it shall direct that
notice be issued to the parties in the case concerned to show
cause why the case be not transferred. A copy of the Order shall
he transmitted to the High Court concerned.
3. The notice shall be served not less than four weeks before
the date fixed for the final hearing of the petition. Affidavits
in opposition shall be filed in the Registry not later than one
week before the date appointed for hearing and the affidavit in
reply shall be filed not later than two days preceding the day
of the hearing of the petition. Copies of affidavits in
opposition and in reply Shall be served on the opposite party or
parties and the affidavits shall not be accepted in the Registry
unless they contain an endorsement of service signed by such
party or parties.
4. The petition shall thereafter be listed for final
hearing before the Court.
5. Save as otherwise provided by the rules contained in this
Order the provisions of other orders (including Order LI) shall,
so far as may he, apply to petition under this Order.