AFFIDAVIT: UNDER SECTION 24 OF THE C.P.C.

-SEEKING TRANSFER OF SUIT

BEFORE THE HON'BLE DISTRICT COURT, Amlohri Waidhan

Transfer original petition No 419 of 2015

In Original Suit No. 410 of 2014

Before the Waidhan Sub division Court

Smt. Tista Acharya

D/o Sourav Acharya

Of Mallik Goli. P.O & P.S Amlohri,

Dist-Waidhan Pin-486887

………………………………………………………………….Petitioner

~Versus~

Smt. Anjana Saha

D/o Rohan Saha

Of Mallik Goli. P.O & P.S Nigahi,

Dist Waidhan Pin-486886

………………………………………………………………….Respondent

Affidavit of, Smt. Tista Acharya D/o Sourav Acharya, aged 23 years now residing in Mallik
Goli. P.O & P.S Amlohri..

The deponent named above hereby solemnly affirms and declares as under: —
That the deponent is the petitioner in the Transfer O.P. and the defendant in the suit referred to
above. The deponent is well conversant with the facts and circumstances of the case and
competent to swear to the affidavit. The deponent will be referred to as the petitioner hereinafter.

That the suit referred to above has been filed by the respondent-plaintiff before the Waidhan Sub
division Court. The trial of the said suit is almost midway. That it is respectfully submitted that
the petitioner here has very strong reasons to suspect that he may not get justice at the hands of
the person presiding in the Waidhan Sub division Court Evidence has been shut out abruptly and
without following the due course of law by the learned sub-Judge, who, on various occasions
during the trial, allowed the trial conducted in a manner prejudicial to the petitioner.

That it is further submitted that the Presiding Officer did not allow the petitioner's counsel to
cross-examine the respondent in detail and on the submission of the respondent-plaintiff that he
has no further evidence to offer, the sub-Judge turned down the request of the petitioner for
permission to cross-examine the respondent and to let in independent evidence in evidence. The
sub-Judge then closed the evidence and posted the case for judgment to the Waidhan Sub
division Court. The Counsel for the respondent submitted that his arguments could be taken as
heard and no opportunity was given to the petitioner to let in evidence or to his counsel to argue
the matter.

That is if the order of the Chandannagar Sub division Court closing the evidence and posting the
case for judgment is allowed to be sustained, it will cause irreparable loss, injury, hardship and
inconvenience to the petitioner since he has very serious contentions in the suit and will be in a
position to disprove the claims and contentions of the respondent by letting in oral evidence.
That the decision of the learned sub-Judge has not only slammed the doors of justice on the face
of the petitioner but has mocked the law of the land and the principles of natural justice. The
conduct of the learned sub-Judge in general and the said decision in particular have gone a long
way in creating a genuine apprehension in the mind of the petitioner that he will not get justice at
the hands of the sub-Judge.

That in view of the aforementioned circumstances, the petitioner deserves and prays that the suit
be transferred from the files of the Waidhan Sub division Court since both the parties to the suit
are residing in a place equi-distant from one place to another and nobody will be put to any
inconvenience by the transfer of the case from Waidhan Sub division Court to Lalpur District
Court which place is a competent civil court.

That it is, therefore, just and necessary that this Hon'ble Court, in the interest of equity and good
conscience, transfer the suit O.S.No. 419 of 2015 before the Waidhan Sub division Court to ​the
files of the to Lalpur District Court, as prayed for in the accompanying application.

Sd. /

Deponent.

Verification

Verified at my office on this the month of May 2015 ​,that the contents of the above affidavit are
true and correct to the best of my knowledge, belief and information and nothing material has
been concealed therefrom.

Sd. /

Deponent.

Solemnly affirmed and signed before me by the deponent, who is personally known to me, on
this month of January 2015

Sd. /

Counsel for the deponent.

Note: Affidavit to be attested by the appropriate authority prescribed under law. Prayer may be
avoided to the possible extent and only facts to stated are affidavits.