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.

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

I.A No. ________ OF 2020

SPECIAL LEAVE PETITION (C) NO _______ OF 20____

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

IN THE MATTER OF:
______________________ & ORS PETITIONERS

VERSUS

UNION OF INDIA & ORS RESPONDENTS

AFFIDAVIT

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.

DEPONENT

VERIFICATION:
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__.

DEPONENT

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.