Application to substitute new party in case of death of a Party must be filed along with affidavit by the new Party. As per Order xxii rule 3 the name of person died can be replace with the name of legal heir of the Party.
Sample Format of Affidavit for Application for substitution of party as per Order XXII Rule 3 CPC is as under.
IN THE COURT OF _________________
CIVIL REVISION PETITION NO____ OF 20__
IN THE MATTER OF:
MR. ____________ APPLICANT / PETITIONER
MR._____________ OPPOSITE PARTY / RESPONDENT
I, __________________, Son of Shri. _______________, aged about __ years,
resident of ________________________________, New Delhi _____, do hereby
solemnly affirm and declare as under:
1. That I am the appellant in the abovementioned Appeal and the applicant/petitioner in the Application referred to above. Being well conversant with the facts and circumstances of the present case, the deponent is competent to swear to this affidavit and will be referred to as the applicant hereinafter.
2. My father died on ___ leaving behind me, the deponent, and the opposite party as his only legal heirs and representatives, our younger unmarried brother and our mother having pre-deceased our father.
3. A will was allegedly executed by my father thereby bequeathing all his property in favour of the opposite party.
4. The validity of the said Will stand challenged by me on the ground that the same was not executed by my father.
5. The accompanying substitution application is that for substitution of my deceased father by the legal representatives.
6. The only legal representatives of my deceased father now are my sister and I who are parties to the suit and the proceedings and it is enough that we are recorded as such.
I, ____________ the Deponent above named do hereby verify that the contents of the above Affidavit are true and correct to my personal knowledge and nothing material has been concealed or falsely stated.
Verified at New Delhi on this day ___of _________20__.
Rule 3 Order XXII "Procedure in case of death of one of several plaintiff
or of sole plaintiff"
(1) Where one of two or more plaintiffs dies and the right to sue does not survive to the surviving plaintiff or plaintiffs alone, or a sole plaintiff or sole surviving plaintiff dies and the right to the sue survives, the Court, on an application made in that behalf, shall cause the legal representative, of the deceased plaintiff to be made a party and shall proceed with the suit.
(2) Where within the time limited by law no application is made under sub-rule (1), the suit shall abate so far as the deceased plaintiff is concerned, and, on the application of the defendant, the Court may award to him the costs which he may have incurred in defending the suit, to be recovered from the estate of the deceased plaintiff.
Affidavit, Maintenance & Divorce, Delhi High Kusum Sharma v. Mahinder Kumar Sharma
Affidavit, Petition for Judicial Separation under Section 10 of Hindu Marriage, Act
Affidavit to be filed with Divorce petition under Section 13(1) of Hindu Marriage Act
Affidavit, Section 23(2) of The Protection of Women from Domestic Violence Act, 2005
Affidavit, Evidence by way of Affidavit, Complaint u/s 138, Negotiable Instruments Act
Affidavit under Motor Vehicles Act in a Motor Accident Petition Appeal
Affidavit to Register Marriage under Hindu Marriage Act
Affidavit under Section 2 of Dissolution of Muslim marriage Act
Affidavit in a Civil Revision Petition under section 115 of CPC and for stay against order
Evidence by way of Affidavit during Trial under Section 17 of Consumer Protection Act
Affidavit for Restoration Petition u/s 151 of CPC for to restore Dismissed Application
Affidavit, Application to delete name of Party from Petition order 1 Rule 10(2) of CPC
Affidavit for Petition for maintenance under section 125 CrPC
Affidavit for production of documents in court which not produced earlier
Affidavit to declare legal heirs of deceased employee to claim PF and Super Annuation
Affidavit for Application to arrest Defendant before Judgment
Affidavit for Application to change name in the Education Certificate
Affidavit with Application for substituted service of summon order V Rule 20 CPC
Affidavit with Application for Registration of Will after death of Testator
Affidavit to Application objecting notice to vacate premises occupied the by the landlord
Affidavit for Application to issue Duplicate Driving License from Transport Authority
Affidavit u/s 13(1)(i)(ib) of Hindu Marriage Act for Divorce Petition, Desertion 2+ years
Affidavit for Divorce Petition Section 13(1)(i) of Hindu Marriage Act, Ground of Adultery
Affidavit, Mutual Divorce Petition u/s 13B of HMA, Dissolution of Marriage, First Motion
Affidavit for Second Motion of Mutual Consent Divorce Petition u/s 13B(1) of HMA
Affidavit for Petition u/s 11 of Hindu Marriage Act for Decree of Nullity of Marriage
Affidavit for Petition for Maintenance under Section 24 of Hindu Marriage Act
Affidavit to Petition for Judicial Separation under Section 10 of Hindu Marriage Act
Affidavit to Petition Probate under Section 276 of Indian Succession Act
Affidavit to Recall ex- parte order and set aside it passed in the absence of Defendant
Evidence by way of Affidavit in a Suit for Dissolution of Partnership Firm
Affidavit for IA seeking Security from Defendant in a Recovery Suit under order XXXVII
Affidavit for Consumer Complaint u/s 12 of Consumer Protection Act to District Forum
Affidavit for Execution Petition U/s 25 and 27 of Consumer Protection Act for Execution of order and impose Penalty
Affidavit for Declaration of loss of Negotiable Instrument by Banker under Order VII Rule 16 of Code of Civil Procedure
Affidavit for Application seeking stay of Execution of Judgment under Order XLI Rule 5 of Code of Civil Procedure
Affidavit for Substitution Application, death of a Party in a Suit, order XXII Rule 3 CPC
Affidavit for Application to arrest, detain in Prison Judgment Debtor as per order XXI Rule 37 CPC
Affidavit to produce additional evidence in an appeal, Order XLI Rule 27 of Code of Civil Procedure
Affidavit to application for restoration of suit under Order IX Rule 9 of Code of Civil Procedure in case of dismissed suit
Affidavit to Anticipatory bail application under section 438 of Code of Criminal Procedure
Affidavit for Bail Application under section 437 of Code of Criminal Procedure
Affidavit for issue of Death Certificate after registration of death
Affidavit for Writ of Certiorari Writ Petition under Article 226 and 227 in High Court
Affidavit for Writ of Mandamus under Article 226 of the Constitution to be filed in High Court
Affidavit for Writ of Quo Warranto under Article 226 of the Constitution to be filed in High Court
Affidavit for Writ of Prohibition under Article 226 of the Constitution to be filed in High Court as Public Interest Litigation
Affidavit for Writ of Habeas Corpus under Article 226 of the Constitution to be filed in High Court