Application Under Sec 25 PSC Act 1887 Template

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Application Under Section 25 Provincial Small Cause Courts Act, 1887

Are you facing a case in Small Cause Court that requires transfer to a regular civil court? Get our ready-to-use Application Under Section 25 Provincial Small Cause Courts Act, 1887 format for free download in PDF and Word formats, customizable for your specific needs in India.

What is an Application Under Section 25 Provincial Small Cause Courts Act, 1887?

An Application under Section 25 of the Provincial Small Cause Courts Act, 1887, is a formal request made to the Small Cause Court judge to return the plaint (or decree) presented before it. This section empowers the court to transfer the suit if it deems that the case does not fall under the Small Cause Courts jurisdiction—such as when the suit value exceeds limits, involves immovable property questions, or requires detailed evidence not suitable for summary proceedings. Commonly used in India, this application ensures your case is heard in the appropriate forum, preventing procedural dismissals and upholding justice.

This legal template is essential for plaintiffs or defendants seeking to invoke Section 25 powers, streamlining the process of jurisdictional transfer. Our Application Under Section 25 Provincial Small Cause Courts Act, 1887 sample is drafted by legal experts, compliant with Indian court requirements, and available in editable Word format for easy customization.

Why is it Important?

Filing an Application Under Section 25 Provincial Small Cause Courts Act, 1887 is crucial to avoid jurisdictional errors that could lead to case rejection or delays. Small Cause Courts handle simple, low-value disputes summarily, but complex matters like title disputes, injunctions, or high pecuniary claims must go to regular civil courts. Without this application, your suit might be dismissed, wasting time and resources. Key benefits include:

Ensures proper adjudication in the right court.
Saves time by preventing appeals on jurisdictional grounds.
Meets strict procedural timelines under the Act.
Provides a professional, court-ready format reducing drafting errors.

In states like Uttar Pradesh, Maharashtra, and Delhi, where Small Cause Courts are prevalent, this format proves invaluable for tenancy disputes, recovery suits, and more.

Key Elements of the Application Under Section 25 Format

A standard Application Under Section 25 Provincial Small Cause Courts Act, 1887 template includes:

Court Details: Name of the Small Cause Court, case number, and parties involved.
Title and Section Reference: Clearly stating "Application under Section 25 of the Provincial Small Cause Courts Act, 1887."
Facts of the Case: Brief summary showing why the suit doesn't qualify as a small cause matter (e.g., valuation over Rs. 25,000 or immovable property issues).
Grounds for Return: Specific reasons like complexity, necessity for written statement, or cross-examination.
Prayer Clause: Request to return the plaint for presentation to the competent civil court.
Verification and Affidavit: Signed by the applicant with supporting documents.
Vacation Plea if urgent.

Our ready-to-use legal template incorporates all these elements, formatted for Indian courts.

Who Should Use This Application Format?

This Application Under Section 25 Provincial Small Cause Courts Act, 1887 sample is ideal for:

Plaintiffs filing suits mistakenly in Small Cause Court.
Defendants opposing summary jurisdiction.
Lawyers handling recovery, eviction, or commercial disputes in India.
Businesses and individuals in civil litigation across states governed by the 1887 Act.

Common use cases: Debt recovery beyond pecuniary limits, property disputes, partnership dissolutions.

Download Your Customizable Application Under Section 25 Template Now

Don't delay your case transfer! Download our free Application Under Section 25 Provincial Small Cause Courts Act, 1887 format in PDF or Word. Customize it with AI assistance or professional legal help. Paid options offer premium editable versions with annotations and state-specific variations.

Important Note

While our templates are professionally drafted and widely used, they are for reference. Always consult a qualified lawyer for legal advice tailored to your case. Customize as per local court rules. Related searches: Small Cause Court plaint return format, Section 25 application sample India, legal templates for civil courts.

APPLICATION UNDER SECTION 25 PROVINCIAL SMALL CAUSE COURTS ACT, 1887

APPLICATION UNDER SECTION 25 PROVINCIAL SMALL CAUSE COURTS ACT, 1887

Form of revision in District Court

IN THE COURT OF THE DISTRICT JUDGE....................

Civil. Revision No..................... of 19....................

u/s. 25 Provincial Small Cause Courts Act, 1887.

A. B................................................................. Applicant

versus

C. D........................................................ Opposite Party

REVISION APPLICATION AGAINST JUDGMENT AND DECREE

DATED.................... IN ORIGINAL SUIT NO.....................

OF 19....................

Valuation of Suit: Rs.....................

Nature of Suit: Recovery of money given through Negotiable Instrument (Cheque).

Court fee paid on revision application: Rs.....................

Sir,

The revision application against the judgment and decree dated.................... in Original Suit No..................... passed by the Judge Small Causes.................... is most respectfully submitted on the following grounds:

GROUNDS OF REVISION

1. Because the learned Trial Judge aforesaid has not considered at all the first basic ground of argument pressed on behalf of the plaintiff/applicant that it is-a case for recovery of money based on negotiable instrument i. e. cheques, the bar to prove consideration for the negotiable instrument is on the defendant in which the defendant has totally failed. And as such the judgment and decree of the learned Judge is quite misconceived in law and in the wrongful exercise of his jurisdiction.

2. Because the sanctity of transaction by negotiable instrument is maintained by the Union Legislature by providing a summary procedure for recovery of the amount under Order 37 of the Code of Civil Procedure, though however, this case was filed under the regular procedure, which the applicant tried to convert at a later stage of the suit through an application to treat the suit as a suit under summary procedure, but the learned trial Judge rejected that application and acted already in the wrongful exercise of his jurisdiction.

3. Because under law the plaintiff is entitled to get back the money given through cheques which the defendant has admitted in Court in statement u/o X r. 2 C. P. C. to have been credited in his account. The learned Judge has failed to consider this aspect of the case and has erroneously taken into consideration irrelevant and inadmissible matters and misconceptions of fact in his judgment.

4. Because the learned Judge has erroneously held the suit to be barred under the U. P. Money Lenders Act which question has already been decided by the Court on the preliminary objection/application of the defendant. The learned Judge has also misconceived on the nature of money lending and misread the statement of the plaintiff when there is no evidence on record that the plaintiff has given money on loan to any other person in the ordinary course of money lending business.

5. Because the learned Judge has erroneously held that the defendant gave on hire a truck to the plaintiff and Ram Bharosi @ Rs. 1, 000\- per month and they plied it part time, whereas both of them are conductor and bus driver respectively in the U. P. Govt. Roadways, without any evidence on record that they ever plied such a truck in part time.

6. Because the learned Judge overlooked the statement of the defendant that he does not maintain any account books, nor he has produced or able to produce any entry in any of his records kept in the ordinary course of his business, regarding the giving of the truck on hire to the plaintiff and the receiving of any amount in his books as to hire money of the alleged truck.

7. Because the learned Judge has considered the whole case on conjectures and surmises, without caring to look into the evidence on record, and the judgment and decree passed by the learned Judge Small Causes is not according to law.

PRAYER

It is, therefore, most respectfully prayed that this Hon?ble Court may be pleased to call for the record of the case aforesaid and set aside the judgment and decree of the learned Judge Small Causes in the above mentioned case, and decree the suit of the plaintiff/applicant.

Dated.................... Counsel for the Applicant

CASE LAW

Section 25

TRANSFER OF SUITS TO ONE STATE FROM ANOTHER ? ISSUE IN BOTH BEING COMMON.

Where two suits related to payment to be made to the discounting bank under agreement to finance manufacturer under ?Bills Rediscounting Scheme? pending in District Judge?s Court in Madhya Pradesh and Madras High Court and issues in both suits were common. Payment to the discounting bank was to be made in Madras. Taking of evidence was not commenced. Held that in these circumstances the suit in the Madhya Pradesh Court should be transferred to Madras High Court.1

TRANSFER OF CASE FROM ONE BENCH OF SUPREME COURT TO ANOTHER ? WHEN.

No party is entitled to get a case transferred from one Bench of the Supreme Court to the other unless the Bench is biased or there are some reasonable grounds for the same but no right to get a case transferred to any other Bench can legitimately be claimed merely because the Judges express opinion on the merits of the case on the conclusion of hearing.2

TRANSFER OF SUIT ? PARAMOUNT CONSIDERATION.

The cardinal principle for the exercise of power under the Section is that the ends of justice demand the transfer of the suit, appeal or other proceedings. The question of expediency would depend on the facts and circumstances of each case but the paramount consideration for the exercise of power must be to meet the ends of justice. It is true that if more than one court has jurisdiction under the Code to try suit the plaintiff has a right to choose the court and the defendant cannot demand that the suit be tried in any particular court convenient to him. The mere convenience of the parties or any of them may not be enough for the exercise of power but it must also be shown that trial in the chosen forum will result in denial of justice. Cases are not unknown where a party seeking justice chooses a forum most inconvenient to the adversary with a view to depriving that party of a fair trial. The Parliament has therefore invested Supreme Court with the discretion to transfer the case from one court to another if that is considered expedient to meet the ends of justice. Words of wide amplitude-for the ends of justice have been advisely used to leave the matter to the discretion of the Apex Court as it is not possible to conceive of all situations requiring or justifying the exercise of power. But the paramount consideration must be to see that justice according to law is done, if for achieving that objective the transfer of case is imperative there should be no hesitation to transfer the case even if it is likely to cause some inconvenience to the plaintiff.3

SCOPE OF THE SECTION

Under this section the Supreme Court has power to transfer a suit from one High Court to another in the ends of justice. What is expedient for the ends of justice will have to be judged upon the totality of facts and circumstances in a given case.4

POWER OF HIGH COURT NOT MADE NUGATORY.

The power of High Court relating to transfer of cases under section 23(3) does not stand superseded, i.e., it is not rendered nugatory in view of the amended section 25.5

ESSENTIALS TO MOVE APPLICATION FOR TRANSFER OF CASE IN SUPREME COURT.

A Transfer petition in the Supreme Court may be moved after notice of motion to the parties to a suit or proceeding, in the form of a petition supported by an affidavit. If the Supreme Court finds that the application was frivolous or vexatious, it would naturally dismiss it and also can award compensation to the opposing party a sum not exceeding two thousand rupees. What is expedient in the ends of justice will be judged upon the totality of facts and circumstances in a given case.6

1. Indian Overseas Bank, Madras v. Chemical Construction Co., (1979) 4 S.C.C. 358: A.I.R. 1979 S.C. 1514: (1980) 3 S.C.R. 920.

2. Gujarat Electricity Board v. Atmaram Sungorual Poshani, A.I.R. 1989 S.C. 1433: 1989 (2) S.C.C. 602: 1989 (3) J.T. 20: 1989 Lab.1.C. 1374: 1989 (75) D.J.R. 83: 1989 (1) A.T.L.T. (S.C.) 758.

3. Dr. Subramaniam Swamy v. Ram Krishna Hegde, A.I.R. 1990 S.C. 113.

4. Arvee Industries v. Ratanlal Sharma, A.I.R. 1977 S.C. 2429: 1978 (1) S.C.R. 418: 1978 (1) Rent L.R. 27: 1977 (4) S.C.C. 363: 1977 Cur.L.J. (Civil) 588: 1977 Rev.L.R. 657: 1977 Punj.L.J. 434.

5. A.I.R. 1980 Bom. 337: 1980 Hindu L.R. 400: 1980 Mah.L.J. 269.

6. Arvee Industries v. Ratan Lal, A.I.R. 1977 S.C. 2429: (1977) 4 S.C.C. 363.

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Important Guidelines

Guidelines for Drafting Application under Section 25 of the Provincial Small Cause Courts Act, 1887:

Title and Heading: Begin with a clear title, "Application under Section 25 of the Provincial Small Cause Courts Act, 1887," specifying the court details, case number, and parties involved.

Introduction: Provide a concise introduction, outlining the purpose of the application. Section 25 applications are typically used to seek review or revision of orders or decrees passed by Small Cause Courts.

Legal Basis: Clearly cite Section 25 of the Provincial Small Cause Courts Act, 1887, as the legal foundation for filing the application, emphasizing the specific grounds for seeking review or revision.

Factual Background: Present a clear and comprehensive account of the facts leading to the application, specifying the orders or decrees being challenged and why they merit review.

Grounds for Application: Enumerate the specific grounds on which the application is based, pointing out legal errors, misinterpretations, or any circumstances justifying a review or revision.

Common Mistakes to Avoid:

Inconsistent Statements: Ensure that all statements in the application are consistent with previous depositions and legal documents, avoiding contradictions that may undermine credibility.

Failure to Specify Grounds: Clearly specify the legal grounds on which the application is based, addressing any violations of statutory or procedural rights that warrant review.

Neglecting Legal Formalities: Familiarize yourself with procedural rules governing applications under Section 25, adhering strictly to timelines and requirements.

Inadequate Supporting Documents: Include all relevant documents, orders, or evidence supporting the application, enhancing the strength of the case for review or revision.

Neglecting Notice to Opposing Party: Serve proper notice to the opposing party, informing them of the intent to file the application and providing an opportunity to respond before the court decides.

Applications under Section 25 of the Provincial Small Cause Courts Act, 1887, are essential for seeking review or revision of orders from Small Cause Courts. Following these guidelines and avoiding common mistakes ensures that the application is legally sound, effectively communicates the grounds for review, and contributes positively to the court proceedings.

Frequently asked questions

What is an Application under Section 25 of the Provincial Small Cause Courts Act, 1887?→

This application is filed before the District Judge to seek revision of a decree or order passed by a Small Cause Court in India, allowing review for jurisdictional errors or irregularities under Section 25.

Is this Application under Section 25 valid for use in Indian courts?→

Yes, it is a legally recognized format compliant with the Provincial Small Cause Courts Act, 1887, and applicable in District Courts across India for small cause revisions.

Do I need to pay stamp duty or court fees for this application?→

Court fees are required as per the Court Fees Act, 1870, specific to the state; no separate stamp duty is typically needed, but verify with local court rules in India.

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

Download available in editable Word (.docx) and non-editable PDF formats for easy printing and filing in Indian courts.

Can I customize or edit this Application template?→

Yes, the Word version is fully customizable; edit details like party names, case number, and grounds to suit your legal requirements in India.

Who should use an Application under Section 25 of the Provincial Small Cause Courts Act?→

Use it if aggrieved by a Small Cause Court decree due to lack of jurisdiction or material irregularity; file within 90 days before the District Judge in India.