Filing Transfer Petitions Under Article 139A & Section 25 CPC: A Step-by-Step Guide
In today’s interconnected legal ecosystem, multiple related cases across High Courts or states can lead to conflicting judgments, wasted resources, and delayed justice. The Constitution of India and Code of Civil Procedure provide powerful remedies through transfer petitions—allowing consolidation or relocation for efficiency and fairness.
At Legal Light Consulting, we help LLCs and individuals draft precise, compliant transfer petitions under Article 139A(1), 139A(2), and Section 25 CPC. This educational guide breaks down exact drafting requirements as per Supreme Court Rules (Order XL & XLI)—ensuring your petition survives scrutiny at the registry and merits stage.
1. Transfer Petition under Article 139A(1) – Withdrawal to Supreme Court
(Order XL, Supreme Court Rules, 2013)
Purpose: To withdraw pending cases from High Courts (or between High Courts) to the Supreme Court when substantial questions of law of general importance are involved.
Mandatory Contents (in Separate Paragraphs):
| Clause | Requirement |
|---|---|
| (a) | Facts & Particulars of All Cases – List every case (Supreme Court + High Courts or multiple High Courts) with case number, court, status, next hearing date. |
| (b) | Names & Addresses of All Parties – Full details of petitioners, respondents, and interveners across all connected matters. |
| (c) | Question(s) of Law Involved – Clearly articulate the common legal issue (e.g., interpretation of GST on software exports). |
| (d) | Statement of General Importance – Declare: |
“The same/substantially similar questions of law are involved in all cases and are substantial questions of general importance within the meaning of Article 139A(1).” |
Affidavit & Certification Rules:
| Petitioner | Requirement |
|---|---|
| Attorney General for India | No affidavit needed. |
| Must attach Advocate-on-Record (AoR) Certificate: |
“Certified that the questions are substantial questions of general importance under Article 139A(1).” | | Private Party / LLC | Affidavit in support + AoR Certificate (same wording as above). |
Pro Tip: Use numbered paragraphs and chronological facts—vague drafting leads to defects.
2. Transfer Petition under Article 139A(2) and/or Section 25 CPC – Inter-Court Transfer
(Order XLI, Supreme Court Rules, 2013)
Purpose: To transfer a case from one High Court/Civil Court to another (or to Supreme Court) for ends of justice.
Mandatory Contents (Succinct & Clear):
| Element | Details Required |
|---|---|
| Relevant Facts | Brief background, cause of action, current stage of trial. |
| Particulars of Case | Case number, court name, judge (if known), next date. |
| Transfer From → To | Name the current court and desired court (e.g., Delhi HC → Bombay HC). |
| Grounds for Transfer | Supported by affidavit – e.g.: |
- Inconvenience (distance, cost)
- Apprehension of bias
- Related cases pending in transferee court
- Expeditious disposal | | Prayer Clause | Clearly state:
“Transfer Case No. XX/2025 from High Court of Delhi to High Court of Bombay.” |
Mandatory: Affidavit verifying facts (by petitioner or authorized LLC officer).
Why LLCs Must Master These Rules
For Limited Liability Companies:
- Multi-state contracts → cases in 3+ High Courts.
- Conflicting rulings → business uncertainty.
- Article 139A(1) → one judgment binds all.
- Section 25 CPC → choose business-friendly venue.
Legal Light Consulting ensures:
- 100% registry-compliant drafting
- AoR-certified petitions
- Strategic grounding (bias, cost, speed)
FAQ: Drafting Transfer Petitions Under Article 139A & Section 25 CPC
1. Do I need numbered paragraphs in Article 139A(1) petition?
Yes – clauses (a) to (d) must be in separate numbered paragraphs.
2. Can I combine Article 139A(1) and Section 25 in one petition?
No – file separately under Order XL and Order XLI.
3. Is AoR certificate mandatory for private petitioners?
Yes – even with affidavit, AoR certificate is compulsory under Order XL.
4. Can an LLC file without a lawyer?
No – only Advocates-on-Record (AoR) can file in Supreme Court.
5. What if I miss the “general importance” statement?
Petition will be defective – returned for correction.
6. Is affidavit required under Article 139A(2)?
Yes – to support grounds of transfer.
7. Can I seek transfer from District Court directly to Supreme Court?
Only via Section 25 CPC – but High Court route preferred unless exceptional.
8. How many copies of the petition?
1 original + 1 set per respondent (minimum 6–8 sets).
9. Can I e-file these petitions?
Yes – via Supreme Court e-Filing Portal (with AoR login).
10. What is the court fee?
₹500 (base) + ₹100 per additional respondent.
11. Can transfer be urgent?
Yes – file I.A. for early hearing with life threat/bias proof.
12. Who signs affidavit for an LLC?
Authorized Director + Board Resolution.
13. Can I use Article 139A(1) for criminal cases?
Yes – if substantial constitutional question arises.
14. What if related cases are in Supreme Court + High Court?
Article 139A(1) is ideal for withdrawal.
15. Why Legal Light Consulting?
We draft flawless, AoR-ready petitions – saving time, cost, and rejections.
