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.