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Transfer Petition under CPC Section 25

This document is a Transfer Petition filed in the Supreme Court of India under Section 25 of the Code of Civil Procedure, seeking the transfer of a case. It includes various applications, such as for stay and exemption from filing official translations, along with supporting documents and a synopsis of the case. The petitioner outlines the grounds for the transfer request, emphasizing the need for safety and support during legal proceedings.

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Arush Sengupta
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0% found this document useful (0 votes)
47 views18 pages

Transfer Petition under CPC Section 25

This document is a Transfer Petition filed in the Supreme Court of India under Section 25 of the Code of Civil Procedure, seeking the transfer of a case. It includes various applications, such as for stay and exemption from filing official translations, along with supporting documents and a synopsis of the case. The petitioner outlines the grounds for the transfer request, emphasizing the need for safety and support during legal proceedings.

Uploaded by

Arush Sengupta
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

STATE: (name of state) SECTION: (no.

of section)

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (CIVIL) No. OF (State the year of filing)

(PETITION UNDER SECTION 25 OF THE CODE OF CIVIL


PROCEDURE)

IN THE MATTER OF:

ABC …..PETITIONER

VERSUS

XYZ ….RESPONDENT

INDEX OF FILING

SRL. DESCRIPTION COPIES CT.


FEE
1. Listing Proforma 1+3

2. Synopsis & List of Dates 1+3

3. Transfer Petition with Affidavit 1+3

4. Annexures P-1 to P- 1+3

5. I A for exemption from filing official 1+3


translations
6. I A for stay

7. Vakalatnama & Memo of Appearance 1


on behalf of the petitioner
Total Rs.

FILED BY:

Filed on

Advocate on Record
IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (C) No. OF (State the year of filing)

(PETITION UNDER SECTION 25 OF THE CODE OF CIVIL


PROCEDURE)

IN THE MATTER OF :

ABC …..PETITIONER

VERSUS

XYZ ….RESPONDENT

with
INTERLOCUTORY APPLICATION NO. OF (State the year of filing)
(Application for stay)

and

with
INTERLOCUTORY APPLICATION NO. OF (State the year of filing)
(Application for exemption from filing official translation)

PAPER-BOOK
(For index kindly see inside)

ADVOCATE FOR THE PETITIONER


INDEX OF RECORD OF PROCEEDINGS

[Link]. DATE OF RECORD OF PROCEEDINGS PAGE NO.

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.
INDEX

S. No. PARTICULARS PAGES

1. Listing Performa A – A1

2. Synopsis & List of dates B–

3. Transfer Petition with affidavit 1–

4. Annexure P-1
A true translated copy of the Petition

5. Annexure P-2:
A true translated copy of
6. I A No. of (State the year of filing)

An Application for stay


7. I A No. of (State the year of filing)

An Application for exemption from filing the


official translation
A
PROFORMA FOR FIRST LISTING

SECTION (State the section)

The case pertains to (Please tick/check the correct box):

☒Central Act : (Title) Code of Civil Procedure


☒Section: Section 25 CPC
☐Central Rule : (Title) N/A
☐Rule No(s): N/A
☐State Act: (Title) N/A
☐Section: N/A
☐State Rule : (Title) N/A
☐Rule No(s) : N/A
☐Impugned Interim Order : (Date) N/A
☐Impugned Final Order/Decree : (Date) N/A
☐High Court : (Name) N/A
☐Names of Judges: N/A
☐Tribunal Authority : (Name) N/A

1. Nature of matter : ☒Civil ☐Criminal


2.
a. Petitioner/appellant No.1 :
b. e-mail ID:
c. Mobile phone number:
3.
a. Respondent No. 1:
b. e-mail ID:
c. Mobile phone number:
4.
a. Main category classification: 18 ORDINARY CIVIL MATTERS
b. Sub classification: 1802 T.P. Under Section 25 of the
C.P.C.

5. Not to be listed before:

6. Similar/Pending matter:

7. Criminal Matters: N/A


a. Whether accused/convict has ☐ Yes ☐ No N/A
surrendered:
b. FIR No. N/A
A
c. Police Station N/A
d. Sentence Awarded N/A
e. Sentence Undergone N/A

8. Land Acquisition Matters: N/A


a. Date of Section 4 notification N/A
b. Date of Section 6 notification N/A
c. Date of Section 17 notification N/A

9. Tax Matters: State the tax effect N/A

10. Special Category


(first petitioner / appellant only):

☐Senior citizen > 65 years ☐SC/ST ☒ Woman/child ☐Disabled


☐ Legal Aid case ☐ In custody

11. Vehicle Number (in case of Motor N/A


Accident Claim matters)

12. Decided cases with citation

Date:
AOR for Petitioner
B
SYNOPSIS
The instant Transfer Petition is being filed under Section 25 of

the Code of Civil Procedure, 1908 read with Order XLI Rule 1 of the

Supreme Court Rules, 2013 for Transfer of Petition …. .

State your case in very brief over here.


C
LIST OF DATES

[Link] The marriage of the Petitioner and Respondent was

solemnized on [Link] according to Hindu/Islamic

Rites and Customs at New Delhi.

[Link] give the chronological list of dates leading to the filing

of the petition

[Link] Hence the present Transfer Petition.


4
IN THE SUPREME COURT OF INDIA

[SCR ORDER XLI RULE 1]

CIVIL ORIGINAL JURISDICTION

(Under Section 25 of the Civil Procedure Code, 1908)

TRANSFER PETITION (C) NO. OF (State the year of filing)

In the matter of:

AAA Petitioner
Complete Address

versus

XYZ Respondent

Complete address

IN THE MATTER OF:

TRANSFER PETITION UNDER SECTION 25 OF THE CIVIL


PROCEDURE CODE, 1908 R/W ORDER XLI RULE 1 OF THE
SUPREME COURT RULES, 2013

To

The Hon’ble Chief Justice and His Companion

Justice of the Supreme Court of India New Delhi

The Transfer Petition of

the Petitioner above named

MOST RESPECTFULLY SHOWETH :

1. That this Petition is being filed seeking Transfer under section 25 of

the Code of Civil Procedure, 1908 R/W Order XLI Rule 1 of the

Supreme Court Rules, 2013 for Transfer of Petition ….


5
2. That petitioner has not filed any other petition before this Hon’ble

Court for Transfer under section 25 of the Code of Civil Procedure,

1908 R/W Order XLI Rule 1 of the Supreme Court Rules, 2013 for

Transfer of Petition …..

3. That the facts leading to filing of the present Transfer Petition are as

under:-

3.1. All annexures will be mentioned over here.

4. GROUNDS :

4.1. BECAUSE the petitioner is residing with her widow mother in

District Jalaun and there is one in her family who can

accompany the petitioner to attend the proceedings.

4.2. BECAUSE the petitioner is a wife and having no source of

income and is entirely dependent of her widow mother alongwith

minor child.

4.3. BECAUSE there is no direct mode of transport and its not safe

for a young lady to travel alone.

4.4. State your appropriate grounds of seeking transfer

PRAYER

It is therefore, most respectfully prayed that this Hon’ble Court

may graciously be pleased to:-

(a) Transfer the case XXXX titled as

(b) pass such other order/s as this Hon’ble Court may deem fit

and proper in the facts and circumstances of the case and

in the interest of justice.


6
AND FOR THIS ACT OF KINDNESS THE PETITIONER AS IN DUTY
BOUND SHALL EVER PRAY.

Drawn and Filed by:

Advocate for Petitioner


Drawn and Filed on:
7
IN THE SUPREME COURT OF INDIA

Transfer Petition (Civil) No. of YEAR

IN THE MATTER OF :
XXX …..PETITIONER
VERSUS
YYY ….RESPONDENTS

AFFIDVIT
I, _______________________________, Aged about____Years,
R/o ___________________________, do hereby solemnly affirm
and say as under :

1. That I am the sole Petitioner in the present petition for special


leave and as such I am well conversant with the facts and
circumstances of the present case and hence, competent to
swear this affidavit.
2. That I have gone through the accompanying Transfer Petition
from Para 1 to 4 at pages 4 to 22, Synopsis and List of Dates at
pages B to M and the Interlocutory Applications and say that the
contents thereof are true and correct to my knowledge and belief
and I believe the same to be true.
3. That the Annexures P-1 to P-17 annexed to this petition are true
copies of their respective originals.

DEPONENT
VERIFICATION
Verified at XXX on this , that the contents of
my above affidavit are true and correct to my knowledge and no
part of it is false and nothing material has been concealed
therefrom.

DEPONENT
8
ANNEXURE P-1

(Typed / Translated Copy)


9
ANNEXURE –P-2

(Typed / Translated Copy)


10

IN THE SUPREME COURT OF INDIA

Interlocutory Application No. of YEAR


in
TRANSFER PETITION (CIVIL) NO of YEAR

IN THE MATTER OF :

XXXX …..PETITIONER

VERSUS

YYYY ….RESPONDENT

APPLICATION FOR STAY


To,

The Hon’ble Chief Justice of India

And his companion Justices of the Supreme Court of India.

Most respectfully sheweth:

1. That the Petitioner has filed the aforesaid application in Transfer

Petitioner for the transfer of case.

2. That in the accompanying Application in Transfer Petition, the

Petitioner has already set out in details the facts and

circumstances of the case leading upto the filing of the Transfer

Petition and the same are not being repeated here for the sake

of brevity to avoid repetitiveness.

3. That the petitioner is seeking stay of the Maintenance for the

reasons stated in the grounds of the Transfer petition which the


11
petitioner crave to refer to and is not been repeated for the sake

of brevity.

4. That the present application is bonafide and the same is in the

interest of justice.

PRAYER

It is, therefore, most respectfully prayed that this Hon’ble Court may be

pleased to:

a) Grant ex-parte stay on the proceedings of XXX; and/or

b) pass any other order or further order/s this Hon’ble Court may

deem fit and proper.

Applicant

Date: XXX Through

XXX

Place: XXX Advocate for the Petitioner


12
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION

Interlocutory Application No. of YEAR


in
TRANSFER PETITION (CIVIL) NO of YEAR

IN THE MATTER OF :

XXXX …..PETITIONER

VERSUS

YYYY ….RESPONDENT

APPLICATION FOR EXEMPTION FROM FILING OFFICIAL


TRANSLATION OF THE ANNEXURES
To,

The Hon’ble Chief Justice of India

And his companion Justices of the Supreme Court of India.

Most respectfully sheweth:

1. That the Petitioner has filed the aforesaid application in Transfer

Petitioner for the transfer of case .

2. That in the accompanying Application in Transfer Petition, the

Petitioner has already set out in details the facts and

circumstances of the case leading upto the filing of the Transfer

Petition and the same are not being repeated here for the sake

of brevity to avoid repetitiveness.

3. That the matter is urgent. The appointment of the official

translator and translation of the Hindi document [Annexures-P-1


13
to P-3) into English would have taken considerable time. This

would have delayed the hearing of the matter. Therefore, the

petitioner has got the translation done through an advocate.

4. That it is in the interest of justice that the English translation of

the [Annexures-P-1 to P-3] which are originally in Hindi, as

supplied by the petitioner, may be taken on record. This

application is made bonafide and in the interest of justice.

5. That the present application is bonafide and the same is in the

interest of justice.

PRAYER

It is, therefore, most respectfully prayed that this Hon’ble Court may be

pleased to:

a) exempt the petitioner from filing official translation of

Annexures-P-1 to P-3 filed with the above Petition; and/or

b) pass any other order or further order/s this Hon’ble Court may

deem fit and proper.

Applicant

Date: Through

Place: New Delhi Advocate for the Petitioner

Common questions

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The structure of submitting a transfer petition involves several steps, including the preparation of detailed documents like the affidavit, listing proforma, applications for stay, and exemption from filing official translations, demonstrating the procedural complexity and documentation required in civil proceedings .

Interlocutory applications allow for urgent issues like a stay on existing proceedings or a request for procedural exemptions to be addressed promptly without waiting for the overall petition decision, thus facilitating efficient and responsive legal processes within the judiciary .

Filing requirements for civil matters under the Supreme Court include detailed classifications like the main and subcategory of the case, specific forms such as affidavits and applications, and an index of proceedings. Such protocols ensure thorough documentation and clarity in legal proceedings .

Affidavits in transfer petitions must accurately reflect the facts and affirm the truthfulness of the information presented, impacting the credibility of the petition. Legal implications include potential perjury charges if the affidavit contents are found false, highlighting the importance of integrity in legal statements .

The logistical challenges include the absence of direct transportation, safety concerns for traveling alone, and the petitioner's financial dependency, which are critical factors that may influence the court's decision to grant the transfer petition to ensure fair access to legal proceedings .

The primary legal grounds for filing a transfer petition under Section 25 of the CPC involve factors such as the petitioner's dependency on a widow parent, lack of safe and direct transport, and the disadvantage of being a woman with a minor child alone and without an income, as highlighted in the sources .

Filing a transfer petition under Section 25 illustrates the intersection of personal hardship, such as dependency on a widowed parent and lack of income, with the legal system's ability to offer recourse through its procedural frameworks, demonstrating the law's role in addressing individual needs and promoting access to justice .

The "Index of Record of Proceedings" provides a structured summary and chronological account of all the actions taken and documents filed within the case, ensuring transparency, organization, and ease of reference for the court and involved parties during legal proceedings .

A petitioner may request an exemption from filing an official translation to expedite the legal process when the official translation would cause delays. This is necessary in urgent matters, reflecting the legal system's flexibility to prioritize timely justice over procedural formality, as seen in the sources .

Granting a stay in a transfer petition case halts ongoing processes, offering temporary relief to petitioners unable to continue under current conditions. This could protect the petitioner's interests while avoiding potential injustices until a final decision is made, but it might also inconvenience the respondent if proceedings are delayed significantly. Such outcomes reflect the judicial balance between protecting rights and ensuring procedural fairness .

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