Affidavit Under Section 24 Of The C.p.c. Seeking Transfer Of Suit - Legal Draft

Precedent No. 39

AFFIDAVIT: UNDER SECTION 24 OF THE C.P.C. -SEEKING TRANSFER OF SUIT

BEFORE THE HON'BLE DISTRICT COURT,

Transfer original petition No of 20

In

Original Suit No of 20

BEFORE THE COURT OF

Petitioner/Defendant:

Vs.

Respondent/Plaintiff:

AFFIDAVIT of, , S/o , aged years,

now residing in

The deponent named above hereby solemnly affirms and declares as

under:—

1. That the deponent is the petitioner in the Transfer O.P. and the

defendantin the suit referred to above. The deponent is well conversant

with thefacts and circumstances of the case and competent to swear to

theaffidavit. The deponent will be referred to as the petitioner

hereinafter.

1. 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.

1. That it is respectfully submitted that the petitioner here has very

strongreasons to suspect that he may not get justice at the hands of the

person presiding in the sub-Court Evidence has been

shut 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.

1. That it is further submitted that the Presiding Officer did not

allow thepetitioner's counsel to cross-examine the respondent in detail

and on thesubmission of the respondent-plaintiff that he has no further

evidence tooffer, the sub-Judge turned down the request of the

petitioner forpermission to cross-examine the respondent and to let in

independentevidence 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.

1. 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.

1. That the decision of the learned sub-Judge has not only slammed

thedoors 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.

1. That in view of the aforementioned circumstances, the petitioner

deservesand 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 casefrom to which place is a

competent civil court.

1. That it is, therefore, just and necessary that this Hon'ble Court,

in theinterest of equity and good conscience, transfer the suit O.S.

No of before the Subordinate Judge's Court, to

the files of the Subordinate Judge's Court, , as prayed for in

the accompanying application.

Sd./ Deponent.

Verification

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.

Sd./ Deponent.

Solemnly affirmed and signed before me by the deponent, who is

personallyknown to me, on this the day of ,20

Sd./

Counsel for the deponent.

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.