{"id":8532,"date":"2018-06-13T13:52:52","date_gmt":"2018-06-13T08:22:52","guid":{"rendered":"http:\/\/mynation.net\/docs\/?p=8532"},"modified":"2018-06-13T13:52:52","modified_gmt":"2018-06-13T08:22:52","slug":"transfer-petition","status":"publish","type":"post","link":"https:\/\/mynation.net\/docs\/transfer-petition\/","title":{"rendered":"Sample Transfer Petition"},"content":{"rendered":"

AFFIDAVIT: UNDER SECTION 24 OF THE C.P.C. -SEEKING TRANSFER OF SUIT<\/strong><\/p>\n

BEFORE THE HON’BLE DISTRICT COURT, ………………………..<\/p>\n

Transfer original petition No\u00a0 …………….of 20…<\/p>\n

In Original Suit No …………….of 20…<\/p>\n

\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 BEFORE THE COURT OF………………………..<\/p>\n

Petitioner\/Defendant:<\/p>\n

Vs.<\/p>\n

Respondent\/Plaintiff:<\/p>\n

AFFIDAVIT of, …………………… , S\/o……………………………. , aged…………………………. years,\u00a0now residing in……………………………………….<\/p>\n

The deponent named above hereby solemnly affirms and declares as under:\u2014<\/p>\n

That the deponent is the petitioner in the Transfer O.P. and the defendant\u00a0in the suit referred to above. The deponent is well conversant with the\u00a0facts and circumstances of the case and competent to swear to the\u00a0affidavit. The deponent will be referred to as the petitioner hereinafter.<\/p>\n

That the suit referred to above has been filed by the respondent-plaintiff before the sub-Court, ……………………………………… The trial of the said suit is\u00a0almost midway.<\/p>\n

That it is respectfully submitted that the petitioner here has very strong\u00a0reasons to suspect that he may not get justice at the hands of the person presiding in the sub-Court…………………………………….. Evidence has been\u00a0shut out abruptly and without following the due course of law by the learned sub-Judge, who, on various occasions during the trial, allowed the trial conducted in a manner prejudicial to the petitioner.<\/p>\n

That it is further submitted that the Presiding Officer did not allow the\u00a0petitioner’s counsel to cross-examine the respondent in detail and on the\u00a0submission of the respondent-plaintiff that he has no further evidence to\u00a0offer, the sub-Judge turned down the request of the petitioner for\u00a0permission to cross-examine the respondent and to let in independent\u00a0evidence 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.<\/p>\n

That if the order of the Subordinate Judge’s Court ……………….closing the\u00a0evidence 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.<\/p>\n

That the decision of the learned sub-Judge has not only slammed the\u00a0doors of justice on the face of the petitioner but has mocked the law of the land and the principles of natural justice. The conduct of the learned sub-Judge in general and the said decision in particular have gone a long way in creating a genuine apprehension in the mind of the petitioner that he will not get justice at the hands of the sub-Judge.<\/p>\n

That in view of the aforementioned circumstances, the petitioner deserves\u00a0and 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\u00a0a place equi-distant from………………. and………… and nobody will be put to any\u00a0inconvenience by the transfer of the case\u00a0from……………. to………………… which place is a competent civil court.<\/p>\n

That it is, therefore, just and necessary that this Hon’ble Court, in the\u00a0interest of equity and good conscience, transfer the suit O.S.No……. of………………………. before the Subordinate Judge’s Court,………………… to\u00a0the files of the Subordinate Judge’s Court,…………………………. , as prayed for in\u00a0the accompanying application.<\/p>\n

 <\/p>\n

Sd.\/<\/p>\n

Deponent.<\/p>\n

 <\/p>\n

Verification<\/strong><\/p>\n

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.<\/p>\n

 <\/p>\n

Sd.\/<\/p>\n

Deponent.<\/p>\n

Solemnly affirmed and signed before me by the deponent, who is personally\u00a0known to me, on this the………………………… day of…………… ,20………………..<\/p>\n

 <\/p>\n

Sd.\/<\/p>\n

Counsel for the deponent.<\/p>\n

Note: Affidavit to be attested by the appropriate authority prescribed under law. Prayer may be avoided to the possible extend and only facts to stated is affidavits.<\/p>\n","protected":false},"excerpt":{"rendered":"

AFFIDAVIT: UNDER SECTION 24 OF THE C.P.C. -SEEKING TRANSFER OF SUIT BEFORE THE HON’BLE DISTRICT COURT, ……………………….. Transfer original petition No\u00a0 …………….of 20… In Original…<\/p>\n","protected":false},"author":1091,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_customify_content_layout":"","_customify_sidebar":"","_customify_page_header_display":"","_customify_disable_header":"","_customify_disable_header_top":"","_customify_disable_header_main":"","_customify_disable_header_bottom":"","_customify_disable_page_title":"","_customify_disable_content_vertical_padding":"","_customify_disable_footer_top":"","_customify_disable_footer_main":"","_customify_disable_footer_bottom":"","_customify_breadcrumb_display":"","_customify_header_transparent_display":"","footnotes":""},"categories":[65],"tags":[44967,68409,68410,12880],"class_list":["post-8532","post","type-post","status-publish","format-standard","hentry","category-judgments","tag-cross-examine","tag-sample-transfer-petition","tag-section-24-of-the-c-p-c","tag-transfer-petition"],"_links":{"self":[{"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/posts\/8532","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/users\/1091"}],"replies":[{"embeddable":true,"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/comments?post=8532"}],"version-history":[{"count":0,"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/posts\/8532\/revisions"}],"wp:attachment":[{"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/media?parent=8532"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/categories?post=8532"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/tags?post=8532"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}