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 _______
TRANSFER PETITION NO____ OF 20__
ORIGINAL SUIT NO ___ OF ____
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__
COUNSEL FOR THE DEPONENT
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.