Transfer Petition

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Transfer petition is filed with the main aim to get a civil writ petition transferred from one high court to another. Sec 25 of CPC 1908 states that on an application made by a party and after notice to the parties and after hearing them the Supreme Court may at any stage if satisfied that such an order is needed in the interest of justice may under this section order that any suit, appeal or any other proceeding be transferred from a High Court or other civil court in one state to High Court or another civil court in another state. Transfer Petition’s format is given below.

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IN THE SUPREME COURT OF INDIA ORIGINAL CIVIL JURISDICTION TRANSFER PETITION (CIVIL) NO. _____ OF 2017

(UNDER SECTION 25 OF THE CODE OF CIVIL PROCEDURE, READ WITH ORDER XXXVI, SUPREME COURT RULES.)

IN THE MATTER OF:

XYZ

                                …….Petitioner

VERSUS

ABC

…..Respondent

AND IN THE MATTER OF:

TRANSFER OF CIVIL WRIT PETITION NO.______ FILED BY THE PETITIONER AGAINST THE RESPONDENTS PENDING IN THE HIGH COURT OF DELHI AT_________, TO THE HIGH COURT OF JUDICATURE AT __________. 

To,

The Hon‟ble Chief Justice of India, And his Companion Justices of the Hon‟ble Supreme Court of India at New Delhi.

The above named petitioner most respectfully, showeth as under: 

MOST RESPECTFULLY SHOWETH:

  1. That the petitioner is seeking Transfer of Civil Writ Petition No.727/2015 filed by the Petitioner against the respondents pending in the High Court of Delhi at New Delhi, to the High Court of Judicature of Allahabad, titled “JWO BP Misra Versus Union of India & Ors.” 
  2. Brief Facts

State the fact of the present matter in brief.

  1. Grounds
  1. State the grounds on which present petition has been filed.
  2. Because in the facts and circumstances stated above, it would be in the interest of justice that the said Civil Writ Petition No. _____ filed by the petitioner against the respondents pending in the High court of _____ be transferred to High Court of Judicature at ________. Even otherwise there is no likelihood of disposal of writ petition No. _______ due to heavy backlog of cases. The copy of the civil writ petition No.______ is Annexure P-1. 

Prayer

In view of the above facts and circumstances, it is respectfully submitted that this Hon‟ble Court may be pleased:

a) To pass order for transfer of the Civil Writ Petition No. _________ filed by the Petitioner against the respondent titled ________ from High Court Delhi at ________ to the High Court of Judicature at ________.

b) Any other and further order as may be deemed fit and proper may also be passed. 

Filed By

Advocate for the petitioner

Date & Place

Note: The petition has to be supported by an affidavit.

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