Application under Order XXII Rule 3 (Substitution)

IN THE COURT OF THE LEARNED CIVIL JUDGE, district

Civil Suit No. _____ of year

deceased_plaintiff_name (Deceased) surviving_heir_name, son/daughter of heir_father, resident of heir_address, holding CNIC No. heir_cnic ... Plaintiff(s)

VERSUS

defendant_name ... Defendant

APPLICATION UNDER ORDER XXII RULE 3 CPC FOR SUBSTITUTION OF LEGAL REPRESENTATIVES OF DECEASED PLAINTIFF

Respectfully sheweth:

1. That Civil Suit No. _____ of year is pending in this Honourable Court between deceased_plaintiff_name, Plaintiff, and defendant_name, Defendant.

2. That the Plaintiff deceased_plaintiff_name departed from this mortal world on death_date.

3. That the legal representatives / heirs of the deceased Plaintiff are as follows:

legal_heirs_list

4. That the aforesaid legal representatives have succeeded to the rights and liabilities of the deceased Plaintiff under the law of succession applicable to him/her.

5. That the legal representatives are desirous of continuing the present suit in their collective capacity or individually, and are hereby praying this Honourable Court for substitution on the record.

6. That the legal representatives have been impleaded as co-plaintiffs / plaintiffs in this application and shall be brought on record by an order of this Honourable Court.

7. That the application is being filed within a reasonable time after the death of the original Plaintiff.

8. That no delay or laches has been committed in filing the present application.

PRAYER

It is, therefore, most respectfully prayed that this Honourable Court may be pleased to:

(a) Allow this application and pass an order substituting legal_heirs_for_substitution as their_designation;

(b) Bring the aforesaid legal representatives on record as Plaintiff(s) in the present suit;

(c) Direct all subsequent proceedings to be served upon the legal representatives; and

(d) Grant any other relief deemed just and proper in the circumstances of the case.

VERIFICATION

Verified on solemn affirmation at verification_place on this _____ day of _____, year, that the contents of paragraphs 1 to 8 of the above application are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

_____________________________ surviving_heir_name Legal Representative / Heir Through: _____________________________ counsel_name Advocate