Affidavit for Application to delete name of Party from the Petition under order 1 Rule 10(2) of CPC.

Format of Affidavit to Delete Name of Party from the Petition.

Application for Deletion of Party from a Petition can be filed under Order 1 Rule 10(2) of Civil Procedure Code. The application should be attached with affidavit for deletion of name. Order 1 Rule 10(2) of CPC is as under:

Order I Rule 10 (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.

Sample Format of Affidavit to be attached with Application for Deletion of Name is given below:

BEFORE THE COURT OF ____________, NEW DELHI
CS OS NO. ____ OF 20__

IN THE MATTER OF :
MR. ______ & ORS PETITIONERS

VERSUS

MR. ______________ RESPONDENT

AFFIDAVIT

IT IS MOST RESPECTFULLY SHOWETH:

I, _______________, son of Shri. ______________, aged about __ years, resident of ______, ________________, New Delhi-______, do hereby solemnly affirm and declare as under:-

1. I am the Petitioner No. 2 in the above referred Suit. I am well conversant with the facts and circumstances of the present case and I am competent to swear to this affidavit.

2. It is submitted that my name has been given as Petitioner No. 2 in the Suit for Specific Performance referred to above. However, I never approached or even authorised the counsel for filing any appeal on my behalf nor have I ever executed any vakalatnama in his favour. I have not even authorised my Brother (Petitioner No.1) in this behalf.

3. It is only from the respondent in the Petition referred to above that I came to know about the filing of the said Petition. There is no denying the fact that I was one of Parties in the Agreement to Purchase the flat, but I had given up the idea of buying the flat as the Respondent had refunded my money with interest. I had long conveyed the said idea to the respondent and even to the Petitioner No.1 herein.

4. Most apparently, the Petitioner No. 1 want to grab more money from the Respondent as the Market value of the property is increased three times and he intends to drag me into the puddle. However, I categorically refuse to accede to such unauthorised and illegal induction.

5. It is most respectfully submitted that I am not at all interested in conducting or prosecuting the Petition which has been filed on my behalf without my consent, knowledge or approval.

6. At the same time, since the 1st Petitioner is my brother, I don't wish to take any further action to be taken against him for having conducted himself in this manner.

7. In view of the aforesaid circumstances, it is just and necessary that this Hon'ble Court may be pleased to delete my name from the list of parties as prayed in the accompanying application.

DEPONENT

VERIFICATION
Verified at Delhi on this day of, ___ that the contents of my above affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT

Solemnly affirmed and signed before me by the deponent, who is personally known to me, on this the ___ day of _______,20__

COUNSEL FOR THE DEPONENT

Order 1 Rule 1o of Code of Civil Procedure 1908

Rule 10 Order I "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.