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 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........................................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.
4. That it is further submitted that 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 the decision of the learned sub-Judge has not only slammed the
doors 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.
7. 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.
8. That it is, therefore, just and necessary that this Hon'ble Court, in the
interest 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 personally
known to me, on this the...........................day of.............., 2 0 ..................
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.