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Affidavit for Transfer Petition under Section 24 of CPC transfer of Suit from one Court to another.

Format of Affidavit to be filed with Transfer Petition seeking transfer of Suit from one Court to another under Section 24 of CPC.

Affidavit also needs to be filed with Transfer Petition under section 24 of Code of Civil Procedure seeking Transfer of Suit from one court to another. Details of Section 24 of the Civil Procedure Code is given at the end of the page.

Sample Format of Affidavit to be filed with a Transfer Petition u/s 24 of CPC is given below: 


BEFORE THE HON'BLE ___________ COURT AT _______




BEFORE THE COURT OF ____________

Mr. _______________________________           PETITIONER/ DEFENDANT


MR. ________________________________        DEFENDANT/ PLAINTIFF


I, ____________________________, Wife of _____________, Daughter of ______ __________________________ , aged______ years, resident of _______________ , do hereby solemnly affirm and state as follows:

1. I am the petitioner in the Transfer Original Petition and the defendant in the suit referred to above. The deponent is well conversant with the facts and circumstances of the case and competent to swear to the affidavit. The deponent will be referred to as the petitioner hereinafter.

2. That the suit referred to above has been filed by the respondent-plaintiff before the sub-Court, The trial of the said suit is almost midway.

3. That it is respectfully submitted that the petitioner here has very strong reasons to suspect that he may not get justice at the hands of the person presiding in the sub-Court as the Judge is frequently on leave and whenever he comes to the court he allowed to proceed with the case without following the due course of law, on various occasions during the trial, allowed the trial conducted in a manner prejudicial to the petitioner.

4. That the the Presiding Officer did not allow the petitioner's counsel to cross-examine the respondent in detail and on the submission of the respondent-plaintiff that he has no further evidence to offer, the sub-Judge turned down the request of the petitioner for permission to cross-examine the respondent and to let in independent evidence in evidence. The sub-Judge then closed the evidence and posted the case for judgment to The Counsel for the respondent submitted that his arguments could be taken as heard and no opportunity was given to the petitioner to let in evidence or to his counsel to argue the matter.

5. That if the order of the Subordinate Judge's Court closing the evidence and posting the case for judgment is allowed to be sustained, it will cause irreparable loss, injury, hardship and inconvenience to the petitioner since he has very serious contentions in the suit and will be in a position to disprove the claims and contentions of the respondent by letting in oral evidence.

6. That in view of the aforementioned circumstances, the petitioner deserves and prays that the suit be transferred from the files of the Subordinate Judge's Court, Since both the parties to the suit are residing in a place equi-distant from and and nobody will be put to any inconvenience by the transfer of the case from to which place is a competent civil court.

7. That it is, therefore, just and necessary that this Hon'ble Court, in the interest of equity and good conscience, transfer the suit Original Petition No.___ of 20____ before the Subordinate Judge's Court at ___________, to the files of the Subordinate Judge's Court _____________, as prayed for in the accompanying application.


Verified at on this the day of , ______________________20 , that the contents of the above affidavit are true and correct to the best of my knowledge, belief and information and nothing material has been concealed therefrom.


Solemnly affirmed and signed before me by the deponent, who is personally known to me, on this the ___ day of _______,20__


Section 24 of the Civil Procedure Code 1908

Section 24 "General power of transfer and withdrawal"

(1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage-

(a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or

(b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and

(i) try or dispose of the same; or

(ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or

(iii) retransfer the same for trial or disposal to the Court from which it was withdrawn.

(2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which thereafter tries such suit may, subject to any special directions in the case of an order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn.

(3) For the purposes of this section, Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court.

(4) The Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes. 


Legal Formats, Alphabetical Order


Affidavit, Maintenance & Divorce, Delhi High Kusum Sharma v. Mahinder Kumar Sharma

Affidavit, Petition for Judicial Separation under Section 10 of Hindu Marriage,  Act

Affidavit to be filed with Divorce petition under Section 13(1) of Hindu Marriage Act

Affidavit, Section 23(2) of The Protection of Women from Domestic Violence Act, 2005

Affidavit, Evidence by way of Affidavit, Complaint u/s 138, Negotiable Instruments Act

Affidavit under Motor Vehicles Act in a Motor Accident Petition Appeal

Affidavit to Register Marriage under Hindu Marriage Act

Affidavit under Section 2 of Dissolution of Muslim marriage Act

Affidavit in a Civil Revision Petition under section 115 of CPC and for stay against order

Evidence by way of Affidavit during Trial under Section 17 of Consumer Protection Act

Affidavit for Restoration Petition u/s 151 of CPC for to restore Dismissed Application

Affidavit, Application to delete name of Party from Petition order 1 Rule 10(2) of CPC

Affidavit for Petition for maintenance under section 125 CrPC

Affidavit for production of documents in court which not produced earlier

Affidavit to declare legal heirs of deceased employee to claim PF and Super Annuation

Affidavit for Application to arrest Defendant before Judgment

Affidavit for Application to change name in the Education Certificate

Affidavit with Application for substituted service of summon order V Rule 20 CPC

Affidavit with Application for Registration of Will after death of Testator

Affidavit to Application objecting notice to vacate premises occupied the by the landlord

Affidavit for Application to issue Duplicate Driving License from Transport Authority

Affidavit u/s 13(1)(i)(ib) of Hindu Marriage Act for Divorce Petition, Desertion 2+ years

Affidavit for Divorce Petition Section 13(1)(i) of Hindu Marriage Act,  Ground of Adultery

Affidavit, Mutual Divorce Petition u/s 13B of HMA, Dissolution of Marriage, First Motion

Affidavit for Second Motion of Mutual Consent Divorce Petition u/s 13B(1) of HMA

Affidavit for Petition u/s 11 of Hindu Marriage Act for Decree of Nullity of Marriage

Affidavit for Petition for Maintenance under Section 24 of Hindu Marriage Act

Affidavit to Petition for Judicial Separation under Section 10 of Hindu Marriage Act

Affidavit to Petition Probate under Section 276 of Indian Succession Act

Affidavit to Recall ex- parte order and set aside it passed in the absence of Defendant

Evidence by way of Affidavit in a Suit for Dissolution of Partnership Firm

Affidavit for IA seeking Security from Defendant in a Recovery Suit under order XXXVII

Affidavit for Consumer Complaint u/s 12 of Consumer Protection Act to District Forum

Affidavit for Execution Petition U/s 25 and 27 of Consumer Protection Act for  Execution of order and impose Penalty

Affidavit for Declaration of loss of Negotiable Instrument by Banker under Order VII Rule 16 of Code of Civil Procedure

Affidavit for Application seeking stay of Execution of Judgment under Order XLI Rule 5 of Code of Civil Procedure

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