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

Format of Application to delete name of Petitioner from Supreme Court due to death.

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 Application for Deletion of 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

IN

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

APPLICATION FOR DELETION OF NAME OF PETITIONER NO. 1 DUE TO DEATH AND TO BRING PETITIONER NO. 2 AS PETITIONER NO. 1

To,
The Hon'ble Chief Justice of India and
His Companion Justice of
The Hon'ble Supreme Court of India.

The humble Petition of the Petitioner above named:

MOST RESPECTFULLY SHEWETH:

1. The present Special Leave Petition (C) No. __________ of 20__ was filed by the Petitioner Impugning Judgment and order dated _________ passed by the Hon'ble High Court of ___________ in Writ Petition No ______ of 20__.

2. That this Hon'ble Court issued notice in the matter on _______ and the matter to be listed on _____ as per computer generated tentative list.

3. The facts and circumstances leading to the filing of the above stated petition has been detailed out in the main body of the petition and hence for brevity the repetition of facts are being avoided herein. The applicant prays that the main body of the petition may be referred to and relied upon as and when need arises.

4. That Petition No. 1 Sh. ___________ expired on _______ at _________. Copy of Death certificate is annexed herewith and attached as Annexure P-1.

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

6. That the other Petitioners in these circumstances want delete the name of Petitioner No. 1 from array of parties at their own risk and to make ___________ (Petitioner No. 2) as Petitioner No.1.

7. That the Petitioners are filing a Revised Memo of Parties with this application.

 

PRAYER
It is therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to: -

a) Pass order to Delete Name of Petitioner No. 1 Late ______________ from Special Leave Petition (C) No _________ of 20___ from array of parties and to make ___________ (Petitioner No.2) as Petitioner No.1.

b) Pass such further & other orders as this Hon'ble Court deems fit.

AND FOR THIS ACT OF KINDNESS THE PETITIONER SHALL IN DUTY BOUND EVER PRAY.

FILED BY

________________________
ADVOCATE FOR THE PETITIONERS


New Delhi
Filed On: __.__.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.



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