APPLICATION UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE
APPLICATION OF THE PLAINTIFFS/APPLICANTS FOR TRANSFER OF CASE
IN THE COURT OF THE DISTRICT JUDGE………………..
Civil Misc. Application No………………… of 19………………..
Under section 24 of the Code of Civil Procedure
C. D………………………………………………………….. Plaintiff
versus
C. F……………………………………………………….. Defendant
Sir,
The plaintiff/applicants abovenamed most respectfully submits as follows:—
1. That Suit No………………… of 19………………………………….. versus ………………… is pending in the Court of the learned City Civil Court of……………….. and another suit No………………… of 19………………………………….. versus ………………… in the court of city Civil Court………………..
2. That when the present suit was called out before the learned City Civil Court, the plaintiffs/applicants brought to the notice of the learned Judge the fact that another suit was pending before another Judge in the same City, between the same parties and arising out of the same cause of action.
3. That the plaintiffs/applicants requests the learned Court to refer the matter to the District Court for getting both the suits transferred to one Court. But, surprisingly enough, the learned Judge observed that there was no substance in the suit before him and the plaintiffs/applicants should withdraw that suit.
4. That in the circumstances that the learned Judge has already made up his mind to decide the suit against the plaintiffs/applicants, the plaintiffs/applicants do not expect justice from the learned Court even if both the suits are tried by the said Judge.
5. That it is expedient in the interests of justice that the suit pending before the learned City Civil Judge may be transferred to the City Civil Court……………….. where the other suit referred to above between the same parties on the same cause of action is pending, for a fair and just trial in both the matters.
PRAYER
It is, therefore, most respectfully prayed that your Honour may pleased to transfer the suit No………………… of 19…………………………………. versus……………….. pending in the Court of the City Civil Judge,……………….. may be transferred to the Court of City Civil Court………………..
Dated……………….. 19……………….. Plaintiff
Through Counsel