Civil

Transfer Petition under Section 25 CPC

A Transfer Petition under Section 25 of the Code of Civil Procedure, 1908 is a filing that requests the Supreme Court to withdraw a civil suit, appeal, or other proceeding pending before a subordinate court in one state and transfer it to another state’s court of competent jurisdiction. It is the primary mechanism for inter-state civil transfers when the petitioner believes that a fair trial or the balance of convenience requires the case to be heard elsewhere.

This document is the complete paper-book filed before the Supreme Court of India in its civil original jurisdiction. The filing is governed by Section 25 of the CPC read with Order XLI of the Supreme Court Rules, 2013, and must be presented through an Advocate-on-Record.

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Governing law
CPC 1908 s.25 read with Order XLI of the Supreme Court Rules 2013
Sections
s. 25
Filed before
Supreme Court of India (Civil Original Jurisdiction)

When this is the right filing

  • When a civil proceeding, such as a suit for recovery, partition, or a matrimonial case, is pending in a court in one state and the petitioner needs it transferred to a court in another state.
  • When the petitioner has a related proceeding already pending in the transferee court, making consolidation of the matters convenient.
  • When the distance between the petitioner’s residence and the transferor court causes genuine hardship, inconvenience, or financial strain.
  • When there is a reasonable apprehension that the petitioner may not receive a fair trial in the current forum.
  • Do not use this petition for the transfer of a criminal case or for a transfer between subordinate courts within the same state; this is strictly for inter-state civil transfers by the Supreme Court.

What the court looks for

  • A clear statement of jurisdiction under Section 25 CPC and Order XLI of the Supreme Court Rules, 2013, establishing the court's power to order the transfer.
  • A detailed synopsis and list of dates that narrates the complete history of the transferor proceeding and the events leading to the filing.
  • Specific grounds pleaded in consecutive paragraphs, each beginning with 'Because', that demonstrate the balance of convenience, potential hardship, or risk of a miscarriage of justice.
  • A properly structured paper-book with a master index, office report on limitation, and all necessary annexures, including the plaint or petition sought to be transferred.
  • A separate, self-contained application for ex-parte ad-interim stay, supported by its own affidavit, that establishes a prima facie case and the apprehension of irreparable harm if the transferor proceedings continue.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1Master index
  2. 2Office report of limitation
  3. 3Proforma for first listing
  4. 4Brief synopsis and list of dates
  5. 5List of dates
  6. 6Transfer petition (memo of parties)
  7. 7Grounds
  8. 8Prayer
  9. 9Affidavit in support
  10. 10Application seeking ex-parte ad-interim stay (i.a.)
How it opens
[synopsis residence hardship] and is facing severe financial, professional and personal hardship in defending the proceedings instituted by the Respondent at [transferor place]. Frequent travel from [transferee place] to [transferor place] for each date of hearing would adversely impact her livelihood, as obtaining repeated leave from work would be extremely difficult and may jeopardise her employment.

Bracketed items are filled from your case.

Frequently asked questions

Is a separate application required to seek a stay of the transferor court proceedings?

Yes. The prayer for interim relief is not included in the main transfer petition body. A separate Interlocutory Application (I.A.) seeking an ex-parte ad-interim stay, supported by its own affidavit, must be filed along with the petition and announced on the cover page.

What is the correct legal provision to cite for a civil transfer petition?

The petition rests on Section 25 of the Code of Civil Procedure, 1908, read with Order XLI of the Supreme Court Rules, 2013. This provision specifically empowers the Supreme Court to transfer civil cases between courts in different states.

How should the grounds for transfer be drafted in the petition?

The grounds must be pleaded as consecutive, un-lettered paragraphs, with each paragraph beginning with the word 'Because'. Legal propositions based on precedent should be stated generically, and the specific case citation should be inserted into the designated placeholder slot, not hardcoded from memory.

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