APPLICATION FOR SUBSTITUTION AS LEGAL REPRESENTATIVES FORMAT UNDER ORDER 22 RULE 3 CPC

(APPLICATION FOR SUBSTITUTION AS LEGAL REPRESENTATIVES FORMAT UNDER ORDER 22 RULE 3 CPC)

IN THE COURT OF LD. CIVIL JUDGE, CENTRAL DISTRICT, TIS HAZARI

IA No. XX/XXXX

IN

CIVIL SUIT XX/XXXX

IN THE MATTER OF:

THAKUR BALDEO SINGH                                               ……………..PLAINTIFF

VS.

GABBAR SINGH                                                                 ……………..DEFENDANT

APPLICATION ON BEHALF OF JAY AND VEERU BOTH SONS OF LATE THAKUR BALDEO SINGH, R/O XXXXX FOR SUBSTITUTION AS LEGAL REPRESENTATIVES UNDER ORDER  22 RULE 3 R/W 151   OF THE CODE OF CIVIL PROCEDURE, 1908

MOST HUMBLY SHOWETH:

1. That the captioned suit is pending before this Hon’ble Court and fixed for hearing on xx/xx/xxxx.
2. That this application is being filed before this Hon’ble Court for substitution as Legal Representatives of the Plaintiff.
3. That on the morning of  xx/xx/xxxx, some  unknown assailants had attacked the house of the Plaintiff wherein the Plaintiff was hit by a gun shot. The villagers rushed to the spot and took the Plaintiff to the Hospital. The doctors made every efforts to save the Plaintiff but could not save him. The Plaintiff was declared dead on xx/xx/xxxx.  Copy of death certificate of the Plaintiff  is attached herewith and marked as Annexure A.
4. That the Plaintiff is survived by two sons Jay and Veeru, who used to reside with the Plaintiff.  There are no other legal heirs except Jay and Veeru.
5. That right to sue survives in the instant suit as the suit is for possession of immovable property which is part of estate of the Plaintiff.
6. That Applicants have survived the estate of the deceased and seek substitution in place of the Plaintiff in  the instant matter.
7. That this Application has been filed within limitation.

PRAYER

In light of facts and circumstances of the case it is therefore prayed that this Hon’ble Court may be pleased to:

(i) Order for substitution of the Applicants as legal representatives of the Plaintiff.

(ii) Pass any other order (s) /direction (s) as this Hon’ble Court may deem fit and proper.

APPLICANT

THROUGH

ADVOCATE

DATE:

PLACE:

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