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 tooffer, 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 ,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.

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