IN THE COURT OF SH. Judge's name, LD. ADJ, CENTRAL DIST., TIS HAZARI COURTS, DELHI.
I.A. NO. I.A. number OF I.A. year.
IN CIVIL SUIT NO. Suit number OF Suit year.
IN THE MATTER OF :-
Plaintiffs' names: PLAINTIFFS
VERSUS
Defendants' names: DEFENDANTS
N.D.O.H.: Date of hearing (day).Date of hearing (month).Date of hearing (year)
I N D E X
S.NO.PARTICULARS PAGES
1.Application on behalf of the Applicants / LRs of the deceased Plaintiffs No.1 and 3 under Order 22 Rule 3 r/w Section 151 of the Code of Civil Procedure, with affidavit.
2.Amended memo of parties.
3.Annexure P-1 — Death certificates of Plaintiff No.1 and Plaintiff No.3.
DELHIAPPLICANTS
THROUGH
DATED
Applicant's name
ADVOCATE
Address: Applicant's address
Applicant's address (line 2)
Applicant's address (line 3).
Mob. No. - Applicant's mobile number
IN THE COURT OF SH. Judge's name, LD. ADJ, CENTRAL DIST., TIS HAZARI COURTS, DELHI.
I.A. NO. I.A. number OF I.A. year.
IN CIVIL SUIT NO. Suit number OF Suit year.
IN THE MATTER OF :-
Plaintiffs' names: PLAINTIFFS
VERSUS
Defendants' names: DEFENDANTS
N.D.O.H.: Date of hearing (day).Date of hearing (month).Date of hearing (year)
AMENDED MEMO OF PARTIES
1. Sh. Deceased plaintiff no.1's name (since deceased)
S/o Late Sh. Deceased plaintiff no.1's father's name
2. Smt. Deceased plaintiff no.3's name (since deceased)
W/o Late Sh. Deceased plaintiff no.3's husband's name
THROUGH THEIR LRs :-
1.Sh. Legal heir son's name (Son) (Plaintiff No.2 herein)
S/o Late Sh. Legal heir son's father's name
2.Smt. Legal heir daughter's name (Daughter) (Plaintiff No.4 herein)
D/o Late Sh. Legal heir daughter's father's name
Both R/o Legal heirs' address (line 1)
Legal heirs' address (line 2).: PLAINTIFFS
VERSUS
1. M/s. Defendant no.1 company name
O/a Defendant no.1 office address (line 1)
Defendant no.1 office address (line 2).
2. Sh. Defendant no.2's name
S/o Sh. Defendant no.2's father's name
R/o Defendant no.2's address (line 1), Defendant no.2's address (line 2),
Defendant no.2's address (line 3).: DEFENDANTS
DELHIAPPLICANTS / LRs
THROUGH
DATED
Applicant's name
ADVOCATE
Address: Applicant's address
Applicant's address (line 2)
Applicant's address (line 3).
Mob. No. - Applicant's mobile number
IN THE COURT OF SH. Judge's name, LD. ADJ, CENTRAL DIST., TIS HAZARI COURTS, DELHI.
I.A. NO. I.A. number OF I.A. year.
IN CIVIL SUIT NO. Suit number OF Suit year.
IN THE MATTER OF :-
Plaintiffs' names: PLAINTIFFS
VERSUS
Defendants' names: DEFENDANTS
N.D.O.H.: Date of hearing (day).Date of hearing (month).Date of hearing (year)
APPLICATION ON BEHALF OF THE APPLICANTS / LRs OF THE DECEASED PLAINTIFFS NO.1 AND 3 UNDER ORDER 22 RULE 3 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908, READ WITH SECTION 5 OF THE LIMITATION ACT, 1963
MOST RESPECTFULLY SHOWETH :-
1.That the Plaintiffs have filed the above-mentioned suit for specific performance of the agreement to sell dated Date of agreement to sell (day).Date of agreement to sell (month).Date of agreement to sell (year) along with a claim for permanent injunction, and the said suit is pending before this Hon'ble Court since Suit pending since (day).Suit pending since (month).Suit pending since (year).
2.That during the course of the proceedings, Plaintiff No.1, Sh. Deceased plaintiff no.1's name, unfortunately expired on Deceased plaintiff no.1's date of death (day).Deceased plaintiff no.1's date of death (month).Deceased plaintiff no.1's date of death (year), at a time when the outbreak of the COVID-19 virus occurred and a countrywide lockdown was imposed by the Government of India owing to the COVID-19 pandemic. Consequently, the present matter was continuously adjourned on account of the lockdown.
3.That during this period, Plaintiff No.3, Smt. Deceased plaintiff no.3's name, unfortunately expired on Deceased plaintiff no.3's date of death, again during the period of the outbreak of the second wave of COVID-19, when a countrywide lockdown was once more imposed on account of the said second wave.
4.That copies of the death certificates supplied by the Applicants / LRs are enclosed herewith, together with the details of the legal heirs as provided by the son of the deceased Plaintiffs No.1 and 3. The deceased Plaintiffs No.1 and 3 have left the following legal heirs:
1.Sh. Legal heir son's name (Son) (Plaintiff No.2 herein)
S/o Late Sh. Legal heir son's father's name
2.Smt. Legal heir daughter's name (Daughter) (Plaintiff No.4 herein)
D/o Late Sh. Legal heir daughter's father's name
Both R/o Legal heirs' address (line 1)
Legal heirs' address (line 2).
5.It is submitted that the LRs at Sl. Nos. 1 and 2, being the son and daughter of the deceased Plaintiffs No.1 and 3, are already parties to the present suit as Plaintiffs No.2 and 4 respectively, and they are the only son and daughter of the deceased Plaintiffs No.1 and 3.
6.It is necessary to bring the legal representatives of the deceased Plaintiffs No.1 and 3 on record so that the right to sue survives and the suit may proceed further.
7.That the right to sue survives to the above-mentioned legal heirs of the deceased Plaintiff No.1, Sh. Deceased plaintiff no.1's name, and Plaintiff No.3, Smt. Deceased plaintiff no.3's name; therefore, the said legal heirs are liable to be substituted in place of the deceased Plaintiffs.
8.That, as per the information provided by the deceased's son, there are no other legal heirs / representatives of the deceased Plaintiffs No.1 and 3 apart from the above-named legal heirs / Applicants / Plaintiffs No.2 and 4.
9.That it is pertinent to mention that there was a delay in filing the present application, and the said delay was neither intentional nor deliberate, but occurred for the reasons set out hereinabove.
10.That no prejudice shall be caused to the Defendants if the present application is allowed.
PRAYER :-
It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to:
(a)allow the present application, and direct that the Legal Representatives / surviving members mentioned in paragraphs 4 and 5 of this application be substituted and brought on record in place of the deceased Plaintiffs No.1 and 3, in the interest of justice; and
(b)condone the delay in filing the present application for substitution of the deceased Plaintiffs No.1 and 3, in the interest of justice;
(c)pass any other and further order(s) which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in favour of the Applicant / Plaintiffs, in the interest of justice.
It is prayed accordingly.
DELHIAPPLICANTS / LRs
THROUGH
DATED
Applicant's name
ADVOCATE
Address: Applicant's address
Applicant's address (line 2)
Applicant's address (line 3).
Mob. No. - Applicant's mobile number
IN THE COURT OF SH. Judge's name, LD. ADJ, CENTRAL DIST., TIS HAZARI COURTS, DELHI.
I.A. NO. I.A. number OF I.A. year.
IN CIVIL SUIT NO. Suit number OF Suit year.
IN THE MATTER OF :-
Plaintiffs' names: PLAINTIFFS
VERSUS
Defendants' names: DEFENDANTS
AFFIDAVIT
Affidavit of Sh. Deponent's name (applicant no.1), S/o Late Sh. Deponent's father's name, R/o Deponent's address (line 1), Deponent's address (line 2), Deponent's address (line 3), presently at New Delhi, who do hereby solemnly affirm and declare as under :-
1.That I am the Applicant No.1 / LR / Plaintiff No.2 of the deceased Plaintiffs No.1 and 3 in the above-mentioned matter, and I am competent to depose by way of this affidavit in the aforesaid capacity.
2.That the accompanying application under Order 22 Rule 3 r/w Section 151 of the Code of Civil Procedure, 1908 has been drafted at my instance and under my instructions; the contents thereof have been read over and explained to me, and I state that the contents of the same are true and correct to my knowledge and belief.
DEPONENT
VERIFICATION :-
Verified at Delhi on this Date of verification (day) day of Date of verification (month), Date of verification (year), that the contents of the paragraphs of the above affidavit are true and correct to my knowledge. No part of it is false and nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF SH. Judge's name, Ld. ADJ-04, CENTRAL DISTRICT, TIS HAZARI COURTS, DELHI
I.A. NO. I.A. number OF I.A. year
IN
CIVIL SUIT NO. Suit number OF Suit year
IN THE MATTER OF :-
Plaintiffs' names: PLAINTIFFS
VERSUS
Defendants' names: DEFENDANTS
AFFIDAVIT
Affidavit of Smt. Deponent's name (applicant no.2), D/o Late Sh. Deponent's father's name, R/o Deponent's address (line 1), Deponent's address (line 2), Deponent's address (line 3), presently at Place where the deponent is presently residing, who does hereby solemnly affirm and declare as under :-
1.That I am the Applicant No. 2 / legal representative / Plaintiff No. 4 of the deceased Plaintiffs No. 1 and 3 in the above-noted matter, and I am competent to depose by way of this affidavit in the aforesaid capacity.
2.That the accompanying application under Order 22 Rule 3 read with Section 151 of the C.P.C. has been drafted under my instructions; the same has been read over and explained to me, and I state that the contents thereof are true and correct.
DEPONENT
VERIFICATION :-
Verified at Delhi on this Date of verification (day) day of Date of verification (month), Date of verification (year), that the contents of the paragraphs of the above affidavit are true and correct to my knowledge. No part of it is false and nothing material has been concealed therefrom.
DEPONENT