Transfer of Filed Suit Affidavit: Preponement Application Format, Section 151 CPC & Court Fee Refund Procedure (India)

January 4, 20261 view0

Litigation in Indian District Courts frequently involves long intervals between hearings. If parties settle a dispute privately during this waiting period, keeping the case alive serves no purpose and only increases legal costs.

To close the matter immediately, lawyers file a document colloquially known as the “Transfer of Filed Suit Affidavit.” Technically, this is a misnomer; the correct legal procedure is an “Application for Putting Up the Case File” (Preponement) under Section 151 of the CPC.

This guide corrects common filing errors, provides the exact formats to bypass registry objections, and details the specific prayer clause required to claim a 100% refund of court fees under the Supreme Court’s M.C. Subramaniam ruling.

Transfer of Filed Suit Affidavit Format & Procedure | Evaakil.com

Evaakil.com

Updated Jan 2026

Transfer of Filed Suit Affidavit: Format, Procedure, and Settlement Protocols

By Legal Research Team | India Jurisdiction

Litigation in India often involves long intervals between hearings. When parties settle a dispute privately during this waiting period, they face a procedural hurdle. They need to inform the court immediately to record the settlement and stop further legal costs. The document used for this is colloquially called the “Transfer of Filed Suit Affidavit.”

This name is a misnomer. Using the word “Transfer” can confuse the court registry, as it technically implies moving a case from one jurisdiction to another under Section 24 of the CPC. The correct legal terminology is an “Application for Putting Up the Case File” (or Preponement Application). This guide breaks down the correct format, the refund of court fees, and the step-by-step procedure.

Key Insight: The application does not “transfer” the suit. It requests the administrative staff (Ahlmad) to retrieve the physical file from the “Goshwara” (record stack) and place it before the Judge earlier than the scheduled date.

The Procedural Mechanics

Understanding the movement of the physical file is essential for drafting the application correctly. In Indian District Courts, files are not kept in the courtroom permanently. They are stored in the Record Room or with the Ahlmad.

Figure 1: The Administrative Path of a “Putting Up” Application

The process involves four distinct stages:

Filing: The application is submitted at the Filing Counter with a nominal court fee.
Registry Check: The clerk verifies the case status in the Case Information System (CIS).
Retrieval: The Ahlmad locates the file from the future date bundle.
Listing: The file is placed before the Judge for “Orders” or “Miscellaneous Business.”

Correct Formats and Templates

We have reconstructed the formats to ensure they pass registry scrutiny. The generic “Transfer” format often found online lacks specific prayers regarding court fee refunds and the proper invocation of Section 151 CPC.

Interactive Template Generator

Select the type of template you need below to view the correct legal language.

**IN THE COURT OF [JUDGE NAME], CIVIL JUDGE, [DISTRICT]** **Civil Suit No. [_____] of 202X** [Plaintiff Name] … Plaintiff Versus [Defendant Name] … Defendant **APPLICATION UNDER SECTION 151 CPC FOR PREPONEMENT OF HEARING AND RECORDING COMPROMISE** MOST RESPECTFULLY SHOWETH: 1. That the above-captioned suit is pending adjudication and is currently fixed for hearing on [Date]. 2. That during the intervening period, the parties have amicably resolved all disputes. The Defendant has paid the Plaintiff a sum of Rs. [Amount] vide Demand Draft No. [Number]. 3. That no useful purpose would be served by keeping the matter pending. 4. That the parties wish to record this satisfaction of claim immediately. **PRAYER** It is prayed that this Hon’ble Court may be pleased to: a) Prepone the date of hearing from [Date] to today; b) Take the file on board and record the settlement; c) Pass a decree in terms of the settlement. [Signature of Plaintiff] [Signature of Defendant]

**IN THE COURT OF [JUDGE NAME], [DISTRICT]** **APPLICATION FOR PREPONEMENT AND REFUND OF COURT FEES** […Standard Header…] **MOST RESPECTFULLY SHOWETH:** 1. That the parties have settled the dispute amicably out of court via a private settlement deed dated [Date]. 2. That in view of the settlement, the Plaintiff is entitled to a refund of the full Court Fees paid at the time of institution, in accordance with **Section 16 of the Court Fees Act, 1870** and the judgment of the Hon’ble Supreme Court in *M.C. Subramaniam vs. High Court of Madras*. **PRAYER** It is prayed that this Hon’ble Court may be pleased to: a) Prepone the hearing and dispose of the suit as compromised; b) Direct the Registry to issue a certificate for the refund of full court fees in favor of the Plaintiff. [Signature of Plaintiff]

**IN THE COURT OF [JUDGE NAME], MAGISTRATE 1st CLASS** **State vs. [Accused Name]** FIR No: [___] PS: [___] **APPLICATION FOR PUTTING UP THE FILE FOR FURNISHING BAIL BONDS** MOST RESPECTFULLY SHOWETH: 1. That the applicant/accused was granted bail by this Hon’ble Court vide order dated [Date]. 2. That the applicant is now ready with the sound surety and bail bonds as directed. 3. That the file is currently fixed for [Date]. **PRAYER** It is prayed that the file may kindly be taken up today to accept the bail bonds and release the applicant. [Signature of Applicant/Counsel]

Registry Objection Troubleshooter

Applications are frequently returned by the Registry for technical defects. This module identifies common objections and the immediate legal fixes.

⚠️ Objection: “Date Fixed Not Verified”

The Fix: The Ahlmad cannot find the file in the “Next Date” pile. You must provide the exact Next Date of Hearing (NDOH) in the first paragraph of your application. Check the Case Status online before filing.

⚠️ Objection: “Power of Attorney (Wakalatnama) Missing”

The Fix: If a new lawyer is filing the compromise application, a fresh Wakalatnama with a “NOC” (No Objection Certificate) from the previous counsel is mandatory.

⚠️ Objection: “Court Fees Insufficient”

The Fix: A minimal court fee (usually ₹2 to ₹10, depending on the state) is required on the application itself. This is separate from the suit valuation fee.

⚠️ Objection: “Identity Proof Missing”

The Fix: Attach self-attested copies of Aadhar or Voter ID cards of the signatories. The court needs to verify the identity of the person settling the claim.

The Courtroom Protocol: Recording Statements

Once the application is allowed and the file is on the Judge’s table, the “Transfer” or “Putting Up” is complete. However, the case is not closed until the Statements of Parties are recorded. This is the script typically followed in Indian Civil Courts.

Judge

“Who is the Plaintiff? Have you received the full settlement amount?”

Plaintiff

“Yes, Your Honor. I have received the Demand Draft. I have no objection if the suit is disposed of as compromised.”

Judge

“Are you signing this statement voluntarily and without any coercion?”

Plaintiff

“Yes, Your Honor.”

Court Reader

(Records statement on Order Sheet) “Statement of Plaintiff recorded as Exhibit C-1. Plaintiff is identified by Counsel.”

Comparative Analysis: Settlement Modes

Choosing the right method to close a case impacts enforceability and costs. See the comparison below.

Feature	Compromise Decree (Order 23 Rule 3)	Withdrawal (Order 23 Rule 1)	Lok Adalat Referral
Outcome	Binding Decree	Dismissal of Suit	Final Award
Enforceability	Immediately Executable	Not Executable	Deemed Decree
Court Fees	Refund varies by State	No Refund	100% Refund
Appeal	Barred	N/A	Barred

State-Specific Court Fee Refund Rules

While the Supreme Court’s M.C. Subramaniam judgment advocates for refunds even in private settlements, State Amendments to the Court Fees Act create variations. Consult this matrix before drafting your prayer clause.

Jurisdiction	Applicable Provision	Refund Quantum	Conditions
Delhi	Sec 16, Court Fees Act	100% Refund	Settlement must be recorded before issues are framed, though courts are liberal post-Subramaniam.
Maharashtra	Sec 43, Bombay Court Fees Act	50% or 100%	100% if settled before issues; 50% if evidence has commenced. Refund is discretionary at later stages.
Karnataka	Sec 66, KCFSV Act	75% Refund	If settled before evidence recording begins. 50% if evidence is partially recorded.
Uttar Pradesh	State Amendment	No Statutory Provision	Refunds are difficult unless the matter is formally referred to Mediation Centre or Lok Adalat.

The Corporate Settlement Protocol

When the “Transfer of Suit” involves a Private Limited or Public Limited company, a simple signature is insufficient. The application will be rejected without the following hierarchy of documents.

Mandatory Corporate Annexures

Board Resolution: A certified true copy of the Board Resolution explicitly authorizing the signatory to “compromise, settle, and withdraw” the specific suit number.
Authorized Representative (AR) Presence: The person named in the Resolution must be physically present in court to record the statement.
Common Seal: While optional under new Company Law amendments, many older District Court manuals still insist on the company seal on the affidavit.

Navigating the “Hidden” Court Hierarchy

To ensure your application moves from the Filing Counter to the Judge’s desk on the same day, you must interact with specific court staff effectively.

The Ahlmad Keeper of Records

This is the custodian of the physical file. Once you file the application at the central counter, take the “Filing Slip” immediately to the Ahlmad. Request them to “pull the file” from the future date bundle. Without this nudge, the file may sit in the stack for 24 hours.

The Reader Court Master

The Reader sits just below the Judge. Hand over a copy of the settlement deed to the Reader before the item is called. They check the technical compliance (presence of parties, ID proofs) before the Judge formally takes it up.

Naib Court Police Liaison

Relevant only for Criminal/Bail matters. If you are “putting up” a file for bail bonds, the Naib Court must verify the surety’s address. Ensure they are informed by 10:00 AM to allow time for verification.

Digital “Putting Up”: The E-Filing Procedure

With the digitization of Indian Courts (CIS 3.0), physical filing is often accompanied or replaced by e-filing. Here is the specific digital pathway.

Portal Access: Log in to efiling.ecourts.gov.in.
Select Application Category: Do not choose “New Case.” Select “Interlocutory Application” (IA) in existing case.
IA Type: Choose “Preponement” or “Early Hearing” from the dropdown. If unavailable, choose “Others” and type “Application for Putting Up File”.
PDF Specification: The application and affidavit must be scanned as a single OCR-searchable PDF (Max 5MB).
Filing Number: Note the specific IA Filing Number, not just the acknowledgment number, to track the listing status.

The Timing Protocol: Pre-Lunch vs. Post-Lunch

Timing is everything when trying to get a file listed on the same day. Filing too late usually results in the file being listed for the next day, forcing parties to return.

10:00 AM – 10:30 AM

The Golden Hour: File the application at the Central Filing Counter. The Ahlmad pulls files for the day between 10:30 and 11:00 AM.

11:00 AM – 12:30 PM

Mentioning Window: If filed late, you must “Mention” the matter before the Judge. Hand over the filing receipt to the Reader and request the Judge to call for the file from the Registry urgently.

12:30 PM Onwards

The Danger Zone: Applications filed after this time will typically be marked for the next working day. The Ahlmad closes the “Goshwara” (daily register) by 1:00 PM for lunch.

The “File Not Found” Crisis Guide

A common hurdle in District Courts is the “Missing File.” If the Ahlmad reports the file is untraceable, follow this escalation matrix.

Step 1: Check the Copying Agency Register.

Often, files are sent to the Copying Agency (CA) because one party applied for a certified copy. Ask the Ahlmad to check the “CA Register.”

Step 2: Check the Orderly’s Room (Chamber).

Sometimes files are kept in the Judge’s chamber for writing detailed judgments on interim applications.

Drafting the “Statement of Satisfaction”: The Final Shield

The application is just the vehicle; the destination is the recorded statement. To ensure the case cannot be reopened later (Res Judicata), your statement must contain specific keywords.

Mandatory Phrases for the Statement

“Full and final settlement of all claims in the present suit.”

“No claim, past, present, or future, remains against the Defendant.”

“The settlement is binding on my legal heirs and representatives.”

“I withdraw all allegations made in the plaint.”

National Lok Adalat Synchronization

If your settlement involves a complex fee refund issue or if the court is reluctant to refund fees under Section 16, use the National Lok Adalat route.

Instead of a standard “Putting Up” application, title your application:
“Application for Referral of Matter to Upcoming National Lok Adalat.”

Strategic Benefit: Awards passed in Lok Adalat are deemed decrees and are non-appealable. Furthermore, Section 21 of the Legal Services Authorities Act guarantees a 100% refund of court fees, bypassing any restrictive state amendments.

Strategic Refunds: The M.C. Subramaniam Doctrine

Historically, refunds were only granted if the court referred the matter to a mediation center. However, in M.C. Subramaniam vs. High Court of Madras (2021), the Supreme Court ruled that even private out-of-court settlements are eligible for court fee refunds under Section 16 of the Court Fees Act.

If you settle privately, your application must explicitly cite the M.C. Subramaniam judgment to ensure the Registry processes the refund.

Frequently Asked Questions

Can I file this application alone?

Yes, but if only one party files it, the court will issue notice to the other party for the preponed date. A joint application signed by both parties is faster as it waives the need for notice.

Does this apply to Criminal cases?

The concept of “Putting Up” the file applies to criminal courts (e.g., for bail bonds), but you cannot “settle” a non-compoundable criminal offense using this affidavit. For quashing FIRs based on compromise, you must approach the High Court under Section 482 CrPC.

What happens to the next fixed date?

Once the file is put up and the final order is passed, the future fixed date is cancelled (or “dates are shortened”), and the file is consigned to the record room.

Can this be done via Video Conferencing?

Yes. If the Plaintiff or Defendant is abroad (NRI) or in another city, the application should include a specific prayer for “Recording Statement via VC”. The party must appear on camera, show original ID, and later courier the signed affidavit.