Application under Section 24 of the Code of Civil: Format
Reference draft used in Indian courts — replace the blanks with your own case details.
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
Using this format
This is a reference draft reproduced for study and adaptation. Court rules, court fees and the correct forum vary with the facts and the value of the claim, so have the document checked and filed by an advocate. A defective application can be returned or dismissed even when the case itself is good.
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Disclaimer: this page is a sample format reproduced for reference and study. It is not legal advice and does not create an advocate–client relationship.