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Affidavit for Application for Deletion of Name of Party from Special Leave Petition filed in Supreme Court due to the death of Petitioner.

Format of Application to delete name of Party from a Petition in Supreme Court due to death.

Application for deletion of Party in Supreme Court in a Petition should be supported with Affidavit. In the event of death of a Petitioner in Supreme Court, application needs to be filed to delete the name of the deceased from the array of parties or to substitute another person or legal heir in place of the deceased Petitioner.

Sample Format of Affidavit for Application to Delete name of Petitioner from the array of Parties in Supreme Court is given below.



I.A No. ________ OF 2020



(Arising out of the Impugned Final Judgment and order dated _______ Passed by the Hon'ble High Court of ______________ in Writ Petition No_______ of 20__)


______________________ & ORS                             PETITIONERS


UNION OF INDIA & ORS                                             RESPONDENTS


I, ___________________ S/o Shri ____________________, Aged ____ years, Resident of ______________________ __________________, presently at ____________, do hereby solemnly state and affirm as under:

1. That I am the Petitioner No. 2 in from Special Leave Petition (C) No _________ of 2018 and being familiar with the facts and circumstances of the case am competent and authorised to swear this Affidavit on its behalf.

2. That the other Petitioners have authorized me to sign this affidavit on their behalf.

3. That I have read the contents of the accompanying application. The contents of the same are believed to be true and correct to the best of my knowledge.

4. I state that I have accordingly instructed my advocate on record and the accompanying application have been drafted on the basis of my instruction as stated above.

5. I state that Petition No. 1 Sh. ______________ expired on ________ at _______

6. That the wife of Petition No. 1 Smt____________ daughter of Mr. ______________ Resident of ________________informed me that she is not interested to contest the matter and she want to delete the Name of Petitioner No. 1 from List of parties.


I, the above named Deponent, do hereby verify that the contents of the above affidavit are true and correct to my knowledge, no part of it is false and nothing material has been concealed there from.
Verified at ________________on this _______day of ____ 20__.




Order 1 Rule 10(2) of Code of Civil Procedure regarding deletion of Name of party from a Petition

Order I Rule 10 "Suit in name of wrong plaintiff"

(1) Where a suit has been instituted in the name of the wrong person as plaintiff or where it is doubtful whether it has been instituted in the name of the right plaintiff, the Court may at any stage of the suit, if satisfied that the suit has been instituted through a bona fide mistake, and that it is necessary for the determination of the real matter in dispute so to do, order any other person to be substituted or added as plaintiff upon such terms as the Court thinks just.

(2) Court may strike out or add parties- The Court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Court to be just, order that the name of any party improperly joined, whether as plaintiff or defendant, be struck out, and that the name of any person who ought to have been joinded, whether as plaintiff or defendant, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit, be added.

(3) No person shall be added as a plaintiff suing without a next friend or as the next friend of a plaintiff under any disability without his consent.

(4) Where defendant added, plaint to be amended- Where a defendant is added, the plaint shall, unless the Court otherwise directs, be amended in such manner as may be necessary, and amended copies of the summons and of the plaint shall be served on the new defendant and, if the Court thinks fit, on the original defendant.

(5) Subject to the provisions of the Indian Limitation Act, 1877 (15 of 1877), section 22, the proceedings as against any person added as defendant shall be deemed to have begun only on the service of the summons.

Legal Formats, Alphabetical Order


1. Special Leave Petitions

SLP under Article 136 of Constitution to Supreme Court against High Court Judgment

SLP (Criminal) under Article 136 of the Constitution against Judgment of High Court

SLP Application for exemption from filing officially translated documents

SLP affidavit to be filed with SLP (Special Leave Petition) in Supreme Court

SLP Advocate on Record (AOR) Certificate to be filed with SLP in Supreme Court

SLP  Counter Affidavit from Respondents against Special Leave Petition (SLP)

SLP Rejoinder Affidavit against Counter Affidavit in Supreme Court of India

SLP Application for Withdrawal of case from Supreme Court on settlement


2. Civil Appeals

Supreme Court Civil Appeal u/s 22 of NGT Act 2010 to be filed in Supreme Court

Supreme Court Civil Appeal u/s 23 of Consumer Protection Act, Judgment of NCDRC


3. Writ Petitions

Supreme Court Writ Petition Public Interest Litigation (PIL) Article 32 of Constitution


4. Review Petitions

Review Petition to Supreme Court under Article 137 of Constitution of India, Format

Supreme Court Review Petition under Article 137 - AOR Certificate

Application for Permission to file Review Petition in Supreme Court


5. Transfer Petition under Section 406 of CrPC

Supreme Court Transfer Petition u/s 406 of Criminal Procedure Code


6. Contempt Petition

Contempt Petition to Supreme Court under Section 12 of Contempt of Court Act


7. Application formats for Supreme Court

Application for Impleadment in an existing case in Supreme Court

Application seeking Direction from Supreme Court in a Pending Case

Miscellaneous Application in Supreme Court in decided case for implementation of order

Intervention Application to Supreme Court to Intervene in a Matter

Application for Deletion of Name of Petitioner from Special Leave Petition filed in Supreme Court due to the death of Petitioner

Affidavit for Application for Deletion of Name of Party from Special Leave Petition filed in Supreme Court due to the death of Petitioner

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