Application for Transfer under Article 139A(2) of the Constitution and Section 25 of the Code of Civil Procedure, 1908

Introduction:

Transfer of cases from one Court to another is an important procedural mechanism in the Indian legal system. It ensures that justice is administered impartially, effectively, and without unnecessary delay. Article 139A(2) of the Constitution of India and Section 25 of the Code of Civil Procedure, 1908 (CPC) grant the Supreme Court the power to transfer cases between different High Courts or from a lower court to another, especially when the matter involves questions of law or substantial concerns regarding fairness, convenience, or judicial expediency.

Legal Light Consulting, with its vast expertise in Supreme Court procedures, can help streamline the process of filing transfer petitions under these provisions.

Key Provisions under Article 139A(2) and Section 25 of CPC:

1. Petition Filing and Content:
   Every petition under Article 139A(2) of the Constitution or Section 25 of CPC must be submitted in writing. The petition must clearly and succinctly state all relevant facts, including:
   • The name of the High Court or other civil courts where the case is pending.
   • The specific grounds on which the transfer is being requested.
   • A supporting affidavit that justifies the request for transfer.

   Legal Light Consulting experts assist in drafting clear, concise, and legally sound petitions and affidavits to ensure the case is presented in the most effective manner.

2. Preliminary Hearing and Issuance of Notice:
   Upon submission, the petition is scheduled for preliminary hearing. If the Court finds no prima facie case for transfer, it may dismiss the petition. However, if there are valid grounds, the Court will issue a notice to all parties involved, asking them to show cause why the case should not be transferred.Legal Light Consulting helps in presenting a robust argument during the preliminary hearing to establish the necessity of the transfer.
3. Service of Notice:
   The notice for hearing must be served to the concerned parties at least four weeks before the final hearing date. This notice ensures that all parties have ample time to respond to the transfer petition.Experts at Legal Light Consulting ensure timely service of notice and proper preparation of documents required for the hearing.
4. Affidavits in Opposition and Reply:
   The opposing party can file affidavits in response to the transfer petition, which must be submitted one week before the hearing. Additionally, a reply affidavit must be filed two days prior to the hearing. Affidavits must be duly served to the other party, and acceptance is contingent on endorsement of service.Legal Light Consulting ensures the timely preparation and filing of all affidavits, with appropriate endorsements, ensuring the procedural requirements are met.
5. Final Hearing and Court’s Decision:
   Once the notices and affidavits are filed, the petition will be listed for final hearing. The Court will consider the arguments and determine whether to grant the transfer of the case based on the merits of the petition.
6. Applicable Rules:
   Aside from the specific provisions in Article 139A(2) and Section 25 of the CPC, other applicable rules of the Supreme Court, such as those in Order LI, may be used to guide the process.

Role of Legal Light Consulting:

Legal Light Consulting provides expert legal advice and support throughout the transfer petition process:

• Consultation and Strategy: Experts will consult with clients to understand the need for case transfer and strategize on the best legal grounds to present.
• Drafting Petitions: With years of experience, Legal Light Consulting will ensure that petitions are drafted accurately, adhering to the provisions of the law.
• Filing and Notice Service: Ensuring that all legal formalities are observed, including filing of affidavits and timely service of notices to opposing parties.
• Court Representation: At the hearing, experts from Legal Light Consulting will represent clients effectively, presenting strong legal arguments to ensure the transfer is granted.

Conclusion:

Transfer petitions under Article 139A(2) of the Constitution and Section 25 of the CPC are complex and demand careful legal consideration. Engaging a trusted expert like Legal Light Consulting ensures that clients navigate the process with confidence. Whether you are seeking a transfer for convenience, to ensure impartiality, or for any other valid reason, consulting with experienced professionals is crucial to achieving the best possible outcome in your case.

If you require assistance with a transfer petition, reach out to Legal Light Consulting for personalized legal advice and support tailored to your case.