Section 25 CPC Application Template - Free Download India PDF/Word

About this agreement

Title: APPLICATION UNDER SECTION 25 OF THE CODE OF CIVIL PROCEDURE

Need a reliable Application Under Section 25 of the Code of Civil Procedure format to transfer your civil suit to a more convenient jurisdiction? Our ready-to-use legal template simplifies the process for litigants across India seeking Supreme Court intervention.

What is an Application Under Section 25 CPC?

An Application under Section 25 of the Code of Civil Procedure, 1908 (CPC), is a formal petition filed before the Supreme Court of India requesting the transfer of a suit, appeal, or other proceeding from one civil court to another. This provision empowers the Apex Court to ensure justice by transferring cases where convenience, fairness, or impartiality demands it. Whether due to the location of witnesses, parties, or potential bias, this application is crucial in civil litigation.

In India, Section 25 CPC is invoked in scenarios like matrimonial disputes, property litigations, or commercial suits spanning multiple states, making it indispensable for maintaining procedural equity.

Why is it Important?

Filing an accurate Application Under Section 25 of the Code of Civil Procedure sample is vital to avoid procedural dismissals. It upholds the principle of access to justice by allowing transfers for:

Convenience of parties and witnesses.
Ensuring a fair trial free from local prejudices.
Expediting resolutions in multi-jurisdictional matters.

Non-compliance with format requirements can lead to rejections, delays, and additional costs. Our customizable Application Under Section 25 CPC format ensures adherence to Supreme Court standards, saving you time and legal fees.

Key Elements of the Application Under Section 25 CPC Format

A professional Application Under Section 25 of the Code of Civil Procedure template must include:

Court Details: Supreme Court of India, with case number if applicable.
Parties Involved: Full names, addresses, and roles of petitioner and respondents.
Details of the Suit: Court, case number, subject matter, and current status.
Grounds for Transfer: Specific reasons like distance, convenience, apprehension of bias, etc., supported by facts and affidavits.
Prayer Clause: Clear request for transfer to a specified court.
Verification and Affidavit: Signed by the petitioner or authorized representative.
Annexures: Certified copies of plaint, proceedings, and supporting documents.

Our PDF/Word format versions are drafted by legal experts, incorporating these essentials for instant usability.

Who Should Use This Application Format?

This ready-to-use Application Under Section 25 CPC sample is ideal for:

Litigants in inter-state civil suits, family matters, or property disputes.
Advocates handling transfers from subordinate courts or High Courts.
Businesses facing multi-jurisdictional commercial litigations.

Common use cases include divorce petitions, inheritance claims, and contract enforcement across districts.

Download Your Customizable Template Now!

Get your free download of the Application Under Section 25 of the Code of Civil Procedure format in editable Word or PDF. Customize it effortlessly with our AI-powered tools or seek professional legal help for tailored modifications. Perfect for court filings in India.

Important Note

While this legal template is designed to meet court requirements, it is recommended to consult a qualified lawyer for case-specific advice. Customize as per your facts to ensure enforceability. Explore related formats like transfer petitions under Section 406 CrPC or affidavits for comprehensive litigation support.

(Word count: 512)

APPLICATION UNDER SECTION 25 OF THE CODE OF CIVIL PROCEDURE

APPLICATION UNDER SECTION 25 OF THE CODE OF CIVIL PROCEDURE

PETITION IN SUPREME COURT FOR TRANSFER OF A SUIT FROM ONE STATE?S COURT TO ANOTHER STATE?S COURT.

IN THE SUPREME COURT OF INDIA

Civil Appellate Jurisdiction

Transfer Petition (Civil ) No..................... of 1986

Under Section 25 of the Code of Civil Procedure.

A.B................................................................. Petitioner

versus
C.D.E.F...................................................... Respondents.

To,

The Hon?ble Chief Justice of India

and his Companion Justices of

The Supreme Court of India

The humble petition of the petitioner abovenamed most respectfully submits as follows:

1. That suit No..................... of 19.................... between.................... and .................... is pending in the Court of.................... at.................... for the last 13 years, but is staggering in the initial stage due to unnecessary hindrances put by the respondents who are sourceful men of the State of..................... one of them being a Minister in the State of.................... for....................

2. That the suit is valued Rs. 20 lakhs, and relates to properties situated in the State of.................... and the State of.................... at.................... towns and the suit is for partition of properties, which are under the control of the respondents and the petitioner is suffering at their hands even for daily bread and bare maintenance.

3. That the game of the respondents is to while away the remaining life of the petitioner and for that evil motive they are not letting the suit proceed on one count or the other and the learned Judges are not in a position to render justice in the matter and are rather cooperating with the respondents in delaying and prolonging the matters?s disposal in the ordinary course even.

4. That the petitioner is not expecting any justice from the Courts of the State of.................... where the respondents have high hands and in a very advantageous position and have freezed the course of justice in the matter aforesaid.

5. That it is expedient in the interests of justice that the matter may be transferred to some court of competent jurisdiction in the State of.................... where more than moit of properties of the family in dispute are situated, and the trial of the suit in that State will be convenient to both the parties.

6. That the petitioner has given notice of motion of this petition to the Respondents on.................... 19.................... through registered post which has been received by them.

PRAYER

It is, therefore, most respectfully prayed that the suit aforesaid, suit No. .................... of 19.................... between.................... v..................... pending in the Court of.................... at.................... may be ordered to be transferred to some Court of competent jurisdiction in the State of....................

And the Petitioner as duty bound shall ever pray.

Dated.................... 19....................

Advocate on Record

0 PDF downloads

0 Word downloads

Download PDF₹99 Download Word₹99

Important Guidelines

Guidelines for Drafting Application under Section 25 of the Code of Civil Procedure (CPC):

An application under Section 25 CPC is used to transfer a suit from one civil court to another within the same state. This provision is typically invoked to achieve convenience, avoid undue hardship, or ensure a fair trial. Follow these guidelines for effective drafting:

Clearly State Grounds for Transfer: Clearly articulate the grounds necessitating the transfer, such as the residence of parties, the location of the subject matter, or other considerations affecting the administration of justice.

Specify the Proposed Court: Clearly identify the court to which the transfer is sought and provide reasons for selecting that particular court. Ensure the proposed court has jurisdiction and is appropriate for the transfer.

Demonstrate Unfair Hardship: If applicable, demonstrate how the continued proceedings in the current court would cause undue hardship, injustice, or inconvenience, justifying the need for transfer.

Comply with Procedural Rules: Ensure strict adherence to procedural rules governing the transfer of suits under Section 25 CPC. Compliance with these rules is essential for the validity and enforceability of the application.

Common Mistakes to Avoid:

Vague or Insufficient Grounds: Clearly define and justify the grounds for transfer. Vague or insufficiently explained reasons may weaken the application's merit.

Failure to Specify Proposed Court: Clearly identify the proposed court and provide detailed reasons for selecting it. Failure to do so may impact the court's decision on the transfer.

Neglecting Jurisdictional Aspects: Ensure that the proposed court has jurisdiction over the transferred suit. Ignoring jurisdictional aspects may lead to procedural challenges.

Inadequate Notice to Opposing Party: Provide adequate notice to the opposing party about the transfer application. Failure to do so may result in objections and delays.

By following these guidelines and avoiding common mistakes, you can draft a persuasive application under Section 25 CPC, enhancing the chances of successfully transferring a suit to a more convenient or just forum within the same state.

Frequently asked questions

What is the purpose of an Application under Section 25 of the Code of Civil Procedure?→

This application seeks transfer of a suit, appeal, or proceeding from one court to another by the Supreme Court for convenience of parties, witnesses, or ends of justice under Section 25 CPC in India.

Is this Application under Section 25 CPC legally valid in Indian courts?→

Yes, it complies with the Code of Civil Procedure, 1908, and is valid for filing in the Supreme Court of India. Verify local rules and attach required affidavits.

What court fee or stamp duty is required for this application?→

Court fees are prescribed under the Court Fees Act, 1870, typically a fixed amount for transfer applications. Check state-specific schedules or consult a lawyer for exact fees in India.

In what format can I download this Application under Section 25 CPC?→

Available in editable Word (.docx) and non-editable PDF formats for easy download, printing, and filing in Indian courts.

Can I customize or edit this Application template?→

Yes, the Word format is fully customizable—edit party details, case numbers, and grounds to tailor it for your specific legal needs in India.

When and who should use an Application under Section 25 of the CPC?→

Parties to civil suits or appeals use it when transfer is needed for fair justice, such as impartial trial or witness convenience. File in the Supreme Court of India.