In India’s expansive legal system, disputes are often filed in courts based on the location of the parties or the cause of action. However, what happens when a party believes that a fair trial is not possible in a particular jurisdiction? This is where Section 25 CPC—a powerful provision under the Code of Civil Procedure, 1908—steps in as a crucial legal safeguard. It empowers the Supreme Court of India to transfer civil cases from one court to another across different states, ensuring justice is not only done but also seen to be done.
If you’ve ever searched “what is Section 25 CPC”, or wondered “how to file a civil transfer petition in Supreme Court”, you’re not alone. Many litigants find themselves facing biased local environments, social pressures, or logistical challenges that make trial in their current court untenable. In such situations, Section 25 CPC offers a constitutional remedy to shift proceedings to a neutral jurisdiction.
This blog by Vera Causa Legal, the best Supreme Court lawyer for transfer petitions in India, offers a simple, step-by-step explanation of Section 25 CPC, its applicability, procedure, and benefits. Whether you’re looking for civil transfer petition lawyer in Delhi, or legal advice for inter-state case transfer, this guide has got you covered.
What is Section 25 CPC?
Section 25 CPC refers to a provision under the Code of Civil Procedure, 1908, which grants exclusive authority to the Supreme Court of India to transfer any civil case, appeal, or other proceeding from one High Court or civil court in one state to a High Court or civil court in another state, if such transfer is deemed necessary for the ends of justice.
To break it down simply: when a party feels that justice may not be served in the court where their case is currently pending—perhaps due to threats, local influence, political pressure, or community bias—they can apply under Section 25 CPC to shift the case to a different state where a fair trial is possible.
This provision is a critical tool in civil litigation strategy, especially in high-stake disputes, family property matters, and corporate cases involving parties from different states. It prevents any misuse of the local legal machinery and ensures impartiality.
If you’re asking, “when can a case be transferred under CPC Section 25?”, here’s the answer: the transfer can happen only when the Supreme Court is satisfied that such action is necessary to meet the ends of justice. Unlike other sections of the CPC, Section 25 CPC bypasses the High Courts and empowers only the apex court to make such transfers.
This is different from Section 24 CPC, which deals with transfers within the same state and is handled by the High Court or District Court, not the Supreme Court. We’ll explore that comparison in detail later.
For anyone navigating civil case transfer rules in India, understanding Section 25 CPC is essential. And if you’re confused about the civil procedure for transfer petition, keep reading—this guide explains the full process.
Legal Grounds for Transferring a Civil Case
When seeking a case transfer under Section 25 CPC, it is essential to show that the move is justified and in the interest of justice. The Supreme Court will only entertain such petitions if strong legal grounds are established, supported by evidence or reasonable apprehension.
Let’s explore these grounds under two important subheadings:
Reasonable Apprehension of Bias or Influence
A primary ground under Section 25 CPC is when a party believes they may not receive a fair trial in the existing court due to local bias, influence of the opposing party, or public hostility.
For example, if the respondent is highly influential in a particular city and there’s reason to believe this influence extends to the judiciary or law enforcement, a petition can be filed to transfer the case from one state to another in India.
This concern should be backed by reasonable apprehension, not mere allegations. The Supreme Court examines whether the party genuinely fears injustice or is attempting to delay or manipulate the proceedings.
Threats to Safety or Intimidation of Litigants
Another accepted ground under Section 25 CPC is where the petitioner or their legal counsel faces physical threats, social ostracism, or emotional trauma if forced to appear in the current court’s jurisdiction.
This applies especially in cases involving inter-community or inter-religious disputes, family property disagreements, or sensitive business litigations. Such circumstances make it unsafe or unreasonable to pursue the case locally.
If you’re asking, “can Supreme Court transfer my case for safety reasons?”, the answer is yes—if adequate proof or police complaints exist, the Supreme Court may invoke its jurisdiction under Section 25 CPC.
Public Interest and Administrative Convenience
In some matters—particularly those involving large numbers of litigants, public bodies, or interstate commercial contracts—the Supreme Court may transfer cases to promote judicial efficiency, reduce administrative burden, or avoid conflicting judgments from multiple state courts.
This rationale falls within the larger umbrella of Supreme Court powers under CPC and is often used in public interest litigations or high-value corporate disputes.
Who Can File a Civil Transfer Petition in the Supreme Court?
Anyone who is a party to a civil proceeding—whether as a plaintiff, defendant, appellant, or respondent—can invoke Section 25 CPC and request a transfer of the case to another state, provided valid legal grounds are shown. However, since this section vests the power solely with the Supreme Court, the petition must be filed there and not in any lower court or High Court.
Let’s break this down clearly:
1. Eligible Parties Under Section 25 CPC
- Individual Litigants: Common in family disputes, matrimonial cases, and property inheritance matters.
- Companies or Firms: Often seek transfers in civil commercial litigation involving multiple states.
- Government Bodies: In public interest or administrative cases where neutrality is required.
- Legal Heirs or Representatives: In case of death or incapacity of a party, legal successors can continue proceedings and file transfer petitions.
If you’ve searched “who can file SLP in India” or “how to file a civil transfer petition in Supreme Court”, it’s important to remember that only affected parties with a direct stake in the matter can initiate a petition under Section 25 CPC.
2. Through a Supreme Court Advocate-on-Record (AOR)
As per Supreme Court Rules, filing a petition under Section 25 CPC must be done through an Advocate-on-Record (AOR). This is a specially authorized advocate permitted to file matters before the apex court.
At Vera Causa Legal, our experienced AORs and civil litigation lawyers handle the entire process—from drafting the transfer petition format, preparing affidavits, collecting supporting evidence, to filing and arguing the matter before the bench.
So, whether you’re from Delhi, Mumbai, Noida, or another part of India, and are seeking to transfer a civil case from one state to another, you can reach out to our civil transfer petition lawyers in Delhi or Supreme Court lawyers in NCR for complete legal assistance.
How to File a Civil Transfer Petition in Supreme Court
Filing a civil transfer petition under Section 25 CPC involves a defined procedure governed by the Supreme Court Rules and the Code of Civil Procedure, 1908. Many litigants ask, “how to file a civil transfer petition in Supreme Court?”—this step-by-step guide answers exactly that.
Step 1: Engage an Advocate-on-Record (AOR)
The first legal requirement is to engage a Supreme Court Advocate-on-Record. Only AORs can officially file petitions in the Supreme Court. If you don’t know an AOR personally, law firms like Vera Causa Legal, known for being the best law firm for transfer petitions in India, can help you through this process.
Step 2: Draft the Petition with Grounds of Transfer
The petition must mention:
- The title and details of the ongoing civil case
- The court where it is currently pending
- The court where transfer is sought
- Facts justifying transfer (such as threat, bias, convenience, or fair trial issues)
- Relief sought under Section 25 CPC
Supporting documents must include a notarized affidavit, copy of the case papers, and any police complaint or evidence proving your concern.
If you are unsure, a professionally drafted transfer petition format can be provided by an expert transfer petition lawyer.
Step 3: Filing and Scrutiny at the Supreme Court Registry
Once drafted and signed, the petition is filed in the Supreme Court Registry. The court staff examines the filing for defects and formatting compliance. If everything is in order, it will be listed for hearing before a Supreme Court bench.
Step 4: Notice to Opposite Party and Hearing
After admission, the Court issues a notice to the opposite party. Both parties will be given a chance to present their arguments on the necessity and merit of the transfer.
This is where expert advocacy matters. With proper argument, supported by facts, the Supreme Court may exercise its jurisdiction under Section 25 CPC and approve the transfer.
Step 5: Court’s Order and Compliance
If satisfied, the Supreme Court will pass a transfer order shifting the case to the requested jurisdiction. The lower courts involved must then comply accordingly, transferring all records and proceedings to the new court.
For litigants searching “legal procedure for filing SLP in India” or “civil case transfer rules in India”, this is the process you’ll follow under Section 25 CPC.
Difference Between Section 25 CPC and Section 24 CPC
Many litigants get confused between Section 25 CPC and Section 24 CPC, as both deal with transfer of civil cases. However, their scope, authority, and jurisdiction are very different. If you’ve wondered, “Section 25 CPC vs Section 24 CPC”, here’s a clear comparison to eliminate confusion.
Authority to Transfer
- Section 24 CPC gives power to District Courts and High Courts to transfer civil cases within the same state.
- Section 25 CPC, on the other hand, empowers only the Supreme Court to transfer cases from one state to another.
So, if you’re dealing with a civil matter in Delhi and want it shifted to Mumbai, you need to approach the Supreme Court under Section 25 CPC, not the High Court.
Territorial Scope
- Section 24 is intra-state: meaning transfer between courts in the same state.
- Section 25 CPC is inter-state: enabling movement of cases from one state to another.
This makes Section 25 CPC particularly relevant in federal disputes, corporate litigation, or family matters where parties reside in different states.
Grounds of Transfer
While both provisions share similar grounds—fair trial, convenience of parties, ends of justice—Section 25 CPC has a higher threshold. Since the Supreme Court is the apex forum, it expects stronger justifications like:
- Threats to safety
- Influence or political pressure
- Interstate complexity
Hence, for legal remedy for unfair trial in a different state, Section 25 CPC is your legal route.
Transfer of Appeals and Revision Cases
Under both sections, not only original suits but also appeals, revisions, and miscellaneous applications can be transferred. But the scope of the transfer—whether within or outside the state—will determine which section applies.
Petition Filing Authority
- Under Section 24, the petition can be filed by any party in the concerned High Court or District Court.
- Under Section 25 CPC, only an Advocate-on-Record can file it in the Supreme Court, making it a more formal and technical process.
At Vera Causa Legal, we often receive queries like “how to file transfer case from Delhi to Mumbai” or “best Supreme Court lawyer for transfer petitions.” If your matter falls in different states, Section 25 CPC is the right provision to rely upon.
Transfer of Case from One State to Another India
The transfer of a civil case from one state to another in India is governed exclusively by Section 25 CPC. This powerful provision allows litigants to seek justice in a different state when they face real or perceived obstacles in the current jurisdiction. Many individuals and businesses search “how to request transfer of civil case”, and this section provides the legal pathway.
Whether it’s due to safety concerns, influence of the opposing party, or the need for neutrality, the Supreme Court of India can shift a case to a court in another state to uphold the principles of fair trial and access to justice.
Example Scenarios of Inter-State Case Transfer
- Family Disputes: A woman living in Delhi files for divorce, but her in-laws live in Patna. She may seek transfer to Delhi for safety and convenience.
- Property Disputes: Siblings from different states involved in ancestral property litigation may ask the Supreme Court to shift the case to a central, neutral state.
- Corporate Litigation: Companies headquartered in Mumbai but sued in Kolkata can file a transfer petition citing logistical and legal challenges.
In all such cases, Section 25 CPC enables the petitioner to seek the Supreme Court’s jurisdiction for transferring civil proceedings to a state where justice is more accessible.
Why the Supreme Court Exercises Caution in Transfers
The Supreme Court powers under CPC are wide, but they are exercised sparingly. Courts do not transfer cases merely on convenience. The Court assesses:
- Nature and seriousness of the plea
- Evidence supporting apprehension
- Balance of convenience for both parties
- Impact on administration of justice
Hence, if you’re considering a transfer, you must build a solid case, preferably with the help of a transfer petition lawyer near me or a top civil litigation lawyer in India.
Format of Transfer Petition under Section 25 CPC
One of the most common questions we receive at Vera Causa Legal is:
👉 “What is the format of transfer petition under Section 25 CPC?”
Filing a transfer petition in the Supreme Court of India requires compliance with the Supreme Court Rules, 2013, and a structured format that includes legal, factual, and procedural details. Any error or missing document may delay or dismiss the petition.
Below is a breakdown of what a properly drafted transfer petition under Section 25 CPC should contain:
Title and Cause Title
- Name of the Petitioner (with complete address)
- Name of the Respondent (with address)
- Case details (Title of the case to be transferred, Court name, Case number, Stage)
Synopsis and List of Dates
A concise chronology of events, highlighting:
- When the case was filed
- Major developments
- Why transfer is being sought
- Any threats, bias, or influence reported
This helps the Court grasp the context quickly.
Grounds for Transfer
Here, the core reasons are detailed:
- Reasonable apprehension of bias
- Threats to safety
- Influence of opposite party
- Public interest
- Logistical hardships
This section must be backed by evidence, affidavits, and relevant references to judgments or legal provisions under Section 25 CPC.
Prayer Clause
A simple, specific prayer is made for the Supreme Court to:
- Transfer the pending civil case from Court X in State A
- To Court Y in State B
- Under its jurisdiction granted by Section 25 CPC
Affidavit & Supporting Documents
Mandatory to affirm:
- Truthfulness of statements
- That the petition is not filed for delay or harassment
- Attachments:
- Copy of original case filing
- FIR/police report (if any)
- Past court orders
- Medical reports (in harassment cases)
- Any other proof of bias or danger
At Vera Causa Legal, we offer expertly drafted transfer petitions tailored to your situation. Whether you need a transfer petition format or a Supreme Court lawyer in Delhi to argue the case, our team ensures legal precision and persuasive advocacy.
Key Judgments on Section 25 CPC
Judicial interpretations of Section 25 CPC have consistently emphasized its use in safeguarding the right to a fair trial, ensuring justice without territorial bias, and balancing the convenience of both parties. Over the years, the Supreme Court of India has delivered several landmark decisions that guide how civil transfer petitions are assessed and granted.
If you’re searching for real-world insight into “legal grounds for transferring a civil case” or “can Supreme Court transfer my case?”, these landmark rulings provide essential clarity.
1. Maneka Sanjay Gandhi v. Rani Jethmalani (1979 AIR 468)
The Supreme Court ruled that reasonable apprehension of bias is a valid ground for transfer. In this case, the petitioner was a public figure, and local hostility threatened a fair trial. The Court transferred the case, upholding the principle that justice must not only be done but must be seen to be done.
🡲 Legal Insight: Section 25 CPC may be invoked even in sensitive, high-profile cases if there is substantial apprehension.
2. Guda Vijayalakshmi v. Guda Ramchandra Sekhara Sastry (1981)
In a matrimonial dispute, the wife sought a transfer of proceedings citing her inability to travel. The Court held that convenience of the weaker party (in this case, the woman) must be considered. It transferred the matter under Section 25 CPC to ensure fair access to justice.
🡲 Legal Insight: Logistical hardship or health concerns can also be valid reasons under Section 25 CPC.
3. Neelam Batra v. K.V. Batra (AIR 2005 SC 2920)
This case involved a plea for transfer of a civil matter due to harassment and threats. The Court acknowledged the petitioner’s right to personal safety and transferred the case.
🡲 Legal Insight: Where threats or intimidation exist, the Supreme Court jurisdiction under Section 25 CPC becomes a tool to protect litigants.
4. Anindita Das v. Srijit Das (2006)
The Court held that each petition under Section 25 CPC must be tested on its own merits, not on convenience alone. It emphasized the importance of substantial cause, not delay tactics.
🡲 Legal Insight: Courts discourage misuse of this provision and expect genuine reasons supported by facts.
These judgments reflect the judiciary’s balanced approach—ensuring fairness while discouraging frivolous or strategic misuse of Section 25 CPC. They provide a clear lens through which the Supreme Court powers under CPC are interpreted in civil litigation strategy.
Legal Remedy for Unfair Trial
A cornerstone of the Indian legal system is the right to a fair trial, a principle deeply embedded in Article 21 of the Constitution. However, when litigants are subject to hostile environments, local influence, threats, or systemic bias, this right can be compromised. In such scenarios, Section 25 CPC serves as a vital legal remedy for unfair trial.
If you’re searching “what are my options if I won’t get a fair trial?” or “legal remedy for biased court proceedings”, the Supreme Court’s power to transfer cases under Section 25 CPC becomes the appropriate and most effective solution.
When to Consider Section 25 CPC for Unfair Trial
You should consider invoking Section 25 CPC when:
- The opposite party wields political or social power in the trial jurisdiction.
- You or your lawyer face physical threats or social boycott.
- The case involves media pressure that could influence local courts.
- There is a strong probability of judicial bias or community-based prejudice.
- You’re facing gender-based or caste-based hostility that compromises fair adjudication.
Such concerns, when supported by evidence (police reports, affidavits, past threats, etc.), form a strong foundation for a transfer petition.
Why Only the Supreme Court Can Intervene
Under Section 25 CPC, only the Supreme Court of India can ensure justice by shifting jurisdiction from one state to another. This provides a neutral venue, uninfluenced by local factors. It eliminates the possibility of:
- Tampered evidence
- Biased witnesses
- Pressure on judges or local officials
The Code of Civil Procedure empowers the apex court to uphold justice in its highest form—free from fear or favor.
If you’re based in Delhi, Noida, Mumbai, or any part of India and are facing difficulty with a local trial, we at Vera Causa Legal specialize in handling sensitive civil matters involving transfer petitions under Section 25 CPC. Our team has helped hundreds navigate the civil procedure for transfer petition and regain confidence in the legal process.
Role of Supreme Court Jurisdiction in Transfer Petitions
The Supreme Court of India, as the apex judicial authority, plays a crucial constitutional role when it comes to transfer petitions under Section 25 CPC. This jurisdiction is not just administrative—it’s a protective legal tool that upholds the core value of impartial justice, especially in complex or high-stakes civil disputes involving parties from different states.
If you’re wondering “how does the Supreme Court handle transfer petitions?” or “when can SLP or transfer petition be rejected?”, here’s a breakdown of the Court’s decision-making process under Section 25 CPC.
Exclusive Authority for Inter-State Transfers
Unlike Section 24 CPC (which gives this power to High Courts or District Judges), Section 25 CPC vests exclusive jurisdiction with the Supreme Court. This means:
- No High Court or lower court can grant such a transfer.
- The petition must be filed directly in the Supreme Court through an Advocate-on-Record (AOR).
- The Court will issue a binding order that must be complied with across states.
Bench Hearing and Discretionary Powers
Once a transfer petition is filed, the matter is listed before a Division Bench or Single Judge Bench, depending on the nature and urgency.
The Court applies judicial discretion and examines:
- Factual matrix of the case
- Supporting evidence or affidavits
- Conduct of the parties
- Public interest or administrative feasibility
If the case lacks merit or appears to be a tactic for forum shopping or delaying proceedings, the Supreme Court may reject the petition.
Balancing the Interests of Both Parties
The Court carefully balances:
- The right of the petitioner to a fair trial
- The convenience and rights of the respondent
- The impact of the transfer on the pending proceedings and court workload
This is where the civil litigation strategy of the petitioner and their legal counsel becomes critical. A well-drafted and well-argued petition can make all the difference.
At Vera Causa Legal, we have years of experience representing clients in the Supreme Court for inter-state civil transfers. Whether you need legal advice for Section 25 CPC in Noida or a Supreme Court lawyer in NCR, we’re here to provide end-to-end legal support.
How Vera Causa Legal Can Help
At Vera Causa Legal, we understand that approaching the Supreme Court of India for a transfer petition under Section 25 CPC is a serious legal step that requires strategy, precision, and experience. Whether you’re facing threats, influence, or unfair trial conditions, we’re here to help you seek justice in a neutral and safer jurisdiction.
If you’ve searched “best Supreme Court lawyer for transfer petitions” or “transfer petition lawyer near me”, here’s how our firm stands out.
✅ 1. Expert Legal Advice and Case Assessment
Not all transfer petitions are accepted. That’s why our civil litigation team begins with an in-depth analysis of:
- The facts of your case
- Jurisdictional concerns
- Proof of apprehension or bias
- Medical, safety, or logistical issues
- Whether Section 25 CPC is the best legal route
We advise you on the likelihood of success before proceeding to file the matter in court.
✅ 2. Drafting and Filing Through Advocate-on-Record (AOR)
As only AORs can file petitions in the Supreme Court, our team includes seasoned AORs who will:
- Draft a watertight transfer petition format under Section 25 CPC
- Attach all required affidavits and supporting documents
- Handle scrutiny, objections, and listing of the matter
With years of experience, our filings are accurate, compliant, and crafted to ensure swift hearing.
✅ 3. Court Representation and Oral Arguments
We represent you at all stages—from notice to final hearing. Our top civil litigation lawyers in India are trained to present compelling arguments, backed by case laws and precedents.
We also prepare written submissions highlighting:
- Precedents like Maneka Gandhi v. Rani Jethmalani
- Constitutional values of fair trial
- Applicability of Section 25 CPC to your case
✅ 4. Nationwide Support and Local Understanding
Whether you’re in Delhi, Noida, Lucknow, Jaipur, Mumbai, or Patna—we provide pan-India legal coverage. We coordinate with local counsel in the original and transferee courts to ensure:
- Transfer compliance
- Movement of court records
- Continuation of proceedings with minimal delay
We’ve supported clients in all sectors—matrimonial, business, civil property, and interstate commercial matters—seeking transfers across jurisdictions.
If you’re looking for legal advice for Section 25 CPC in Noida, the best law firm for civil case transfer in India, or want to file transfer case from Delhi to Mumbai, Vera Causa Legal is your reliable legal partner.
Conclusion
In a country as diverse and complex as India, ensuring an unbiased, fair, and secure legal process can sometimes require shifting a case from one jurisdiction to another. This is precisely where Section 25 CPC plays a transformative role. It upholds the fundamental right to a fair trial, allows for the Supreme Court’s intervention in sensitive civil matters, and provides litigants with the opportunity to seek justice beyond geographical and political boundaries.
From matrimonial disputes to property conflicts and business litigation, the application of Section 25 CPC ensures that justice isn’t confined by state lines. Whether you’re concerned about local influence, threats, or judicial bias, the civil procedure for transfer petition provides an effective legal remedy, trusted by courts and litigants alike.
At Vera Causa Legal, we have successfully represented individuals, businesses, and institutions in numerous transfer petitions, using our deep understanding of Supreme Court jurisdiction, expertise in Code of Civil Procedure, and strategic litigation approach. If you’re looking for the best civil litigation lawyer in India, or need assistance with a transfer case from Delhi to Mumbai, our team is ready to help.