Free Order 22 Rule 3 CPC Application Template India PDF/Word

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Title: Application Under Order 22, Rule 3, C. P. C. Format

Facing the sudden demise of a party in your civil suit? Secure your case from abatement by filing an Application under Order 22, Rule 3, C. P. C. format today. Our customizable legal template in PDF/Word format is ready to use for Indian courts.

What is an Application under Order 22, Rule 3, C. P. C.?

An Application under Order 22, Rule 3 of the Code of Civil Procedure (CPC), 1908, is a crucial legal document filed to bring the legal representatives (LRs) of a deceased plaintiff on record. This prevents the suit from abating due to the death of the plaintiff before the decree. In Indian civil litigation, when a plaintiff dies, the suit does not automatically abate if the right to sue survives. Instead, the legal heirs or representatives must apply within 90 days to substitute themselves, ensuring the case proceeds smoothly.

This format is essential for maintaining continuity in ongoing civil suits, especially in property disputes, family matters, recovery suits, and other claims where personal representation is key.

Why is an Application under Order 22, Rule 3, C. P. C. Important?

Filing this application promptly is vital to avoid dismissal of the suit. Under Order 22 Rule 3 CPC, failure to substitute LRs within the limitation period leads to abatement, which can be set aside only under strict conditions via Order 22 Rule 9. Key benefits include:

Prevents Case Dismissal: Keeps your litigation alive without starting over.
Legal Compliance: Meets court requirements under CPC for substitution.
Time-Saving: Our ready-to-use Application under Order 22, Rule 3, C. P. C. format saves hours of drafting.
Professional Edge: Drafted by legal experts, ensuring all necessary averments for court acceptance.

In high-stakes civil cases across India, this document upholds justice and protects parties' rights.

Key Elements of Application under Order 22, Rule 3, C. P. C. Format

A well-drafted application must include:

Court Details: Name of the court, suit number, and parties.
Facts of Death: Date and cause of plaintiff's death, supported by death certificate.
Legal Representatives: Full details of LRs, their relationship to deceased, and right to sue.
No Prejudice: Affirmation that substitution causes no prejudice to defendants.
Prayer Clause: Specific request for bringing LRs on record.
Verification: Signed affidavit by applicant verifying facts.
Annexures: Death certificate, legal heir certificate, and suit documents.

Our Application under Order 22, Rule 3, C. P. C. sample includes all these sections, formatted for easy customization in Word or PDF.

Who Should Use This Application under Order 22, Rule 3, C. P. C. Format?

Legal Heirs of Deceased Plaintiffs: In property partition suits, inheritance claims, or debt recovery.
Advocates Handling Civil Litigation: For district courts, high courts in India.
Business Entities: When a director/partner dies in commercial disputes.
Individuals in Family Suits: Maintenance, succession, or matrimonial cases post-demise.

Common use cases: Civil suits for declaration, possession, injunctions, or specific performance.

Download Your Customizable Application under Order 22, Rule 3, C. P. C. Format Now!

Get instant access to our premium Application under Order 22, Rule 3, C. P. C. format in editable Word/PDF. Free download preview available—upgrade for full ready-to-use legal template. Perfect for Indian courts, fully compliant with CPC provisions.

Important Note: While this Application under Order 22, Rule 3, C. P. C. sample is customizable and based on standard formats, it is not a substitute for professional legal advice. Consult a lawyer to tailor it to your specific case. Explore related templates like Affidavit for Legal Heirs, Order 22 Rule 4 Application, or abatement set-aside formats for comprehensive civil procedure support. Keywords: Application under Order 22 Rule 3 CPC free download India, legal template PDF Word, court format.

APPLICATION UNDER ORDER 22, RULE 3, C. P. C.

APPLICATION UNDER ORDER 22, RULE 3, C. P. C.

APPLICATION FOR SUBSTITUTION OF THE NAMES OF LEGATEES

IN THE COURT OF THE....................

Misc. Application No..................... of 19....................

C. D................................................................ Applicant

case C. D................................................................... Plaintiff

versus

F. F................................................................ Defendant

In the matter of application for substitution of names of legatees.

Sir,

In the abovenoted case it is respectfully submitted as under:

1. That the plaintiff.................... died on....................

2. That the plaintiff made a will in which she has nominated the applicant and.................... as the executors.

3. That in the interest of justice it is essential that this Honourable Court be pleased to deletion of the name of.................... permitting substitution of the names of the legatees under the will in her place and making of the necessary consequential amendments in the plaint as detailed below:

PRAYER

It is, therefore, respectfully prayed that this Hon?ble Court may be pleased to permit the applicant and.................... to be substituted in place of.................... after deleting her name and the applicant be permitted to make the amendment in the plaint:

(a) That in the title of the plaint the name of the deceased plaintiff .................... be ordered to be deleted and in her place the names of the following be permitted to be substituted:

1/1.................... son of.................... resident of....................

1/2.................... son of.................... resident of

(b) That in line 1 of para No. 1 of the plaint the words deceased plaintiff was " be permitted to be substituted in place of the words "plaintiff is" and in line 4 the word "deceased" be permitted to be added before the word "plaintiff.

(c) That in para 2 in lines 2, 3 and 4 the word "deceased" be permitted to be added wherever the word "plaintiff occurs and in line 2 the "abuses" be allowed to be substituted by the word "abused" and in line 5 the word "is" be permitted to be substituted by the word "was".

(d) That in line 2 of para 4, in the lines 2 and 4 of para 5, in line 1 of para 6 the word "deceased" be permitted to be added before the word "plaintiff, and in line 1 of para 6 the word "is", be permitted to be substituted by the word "was".

(e) That after para 6 of the plaint a new para marked as "6A" be permitted to be added as follows:

"6A. That the substituted persons viz., Shri..................... and ............ are the legatees of the property of the deceased plaintiff under the will dated............ made by the deceased plaintiff and they are entitled to continue this suit for ejectment of the defendant from the property in suit and recovery of arrears of rent and mesne profits because the right of the deceased plaintiff survives.??

(f) That in the verification clause in second line the words "part of be permitted to be added after figure "6" and before the word "are" and in line 4 the words "part of 6A" be permitted to be added in between figures "6" and "7".

It is accordingly prayed.

Applicant

VERIFICATION

Verified that the contents of this application are true to my personal knowledge.

Verified and signed on this.................... day of.................... 19.................... at.....................

Applicant

Through Advocate

Dated:....................

case law

Order 22 Rule 3

WHEN REFUSING SUBSTITUTION NOT PROPER

Where the delay in making substitution application was of few days only and there was satisfactory explanation for delay in seeking substitution, the High

Court was held to be in error in refusing substitution in the second appeal
before it?.

WHO MAY FILE APPLICATION UNDER THIS RULE.

The words employed in this Rule, namely "on an application made in this behalf " clearly point out that any person may file such an application. Thus a person who purports to be a legal representative of the deceased plaintiff or appellant may file an application for bringing on record the legal representatives of the deceased plaintiff or appellant, although he may be found not to be real legal representatives of the deceased plaintiff, and even then the names of the real representatives of deceased plaintiff may be brought on record if their names have been brought to the notice of the court2.

CONSENT DECREE BASED ON ONE VIEW OUT OF TWO POSSIBLE VIEWS NOT LIABLE TO CHALLENGE.

Where a compromise decree was passed in appeal, the deed creating religious trust could be constructed to have two views but the compromise was based on one view, it could not be challenged in the subsequent suit on the ground of collusion and fraud3.

CONTINUITY OF SUIT ON BASIS OF ORIGINAL SUIT.

When during the pendency of a suit the plaintiff dies, and his legal heirs are substituted, they are entitled to continue the suit on the basis of the claim laid by the original plaintiff. They are not entitled to claim independent title of theirs contrary to what has been claimed in the suit4.

DISMISSAL OF APPLICATION UNDER THIS RULE ON GROUND OF INSUFFICIENT STAMP ON GENERAL POWER OF ATTORNEY ? WHETHER JUSTIFIED? ? (NO)

Wherein an arbitration proceeding, an application of legal representatives of a deceased party was dismissed on the ground of insufficient stamps on the deed. Held that the document ought to have been admitted in evidence on payment of stamp duty and penalty. The dismissal of the application was unjustified5.

APPLICABILITY OF THE RULE TO WRIT PETITIONS.

Though the elaborate and technical rules of the Code may not apply to applications under Article 226 of the Constitution of India, on the strength of section 141 of the Code yet the principles in general as laid down in the Code would be applicable on the grounds of justice, equity and good conscience in the matter of impleading the legal representatives6.

EFFECT OF BONA FIDE MISTAKE IN NOT SUBSTITUTING ALL HEIRS.

In a case of death of a party to a suit or appeal, even if any heir of the deceased is left out of the record and the plaintiff or appellant does not bring him on record in the bona fide belief that others being on record the only heirs, the competence of the suit or appeal will not be effected. It is immaterial whether no steps have been taken within the time allowed7.

WHEN APPEAL ABATES AS A WHOLE

When two of the plaintiff appellants died, the decree of the District Judge became final qua them. If thereafter the High Court granted a decree to the other plaintiffs appellants there would be two contradictory decisions with regard to the right which had been jointly claimed by the plaintiffs. In such a case the second appeal before a single Judge had abated as a whole and the order made by the Judge must be set aside because he could not have heard the appeal and allowed after it had abated8.

1. Harjit Singh v. Raj Kishore, A. I. R. 1984 S. C. 1238.

2. Ram Charan Lal v. State, A. I. R. 1980 Raj. 96: 1979 Raj. L. W. 439.

3. Jadu Gopal Chakravarty v. Pannalal Bhomic, A. I. R. 1978 S. C. 1329: (1978) 3 S. C. C. 215: (1978) 3 S. C. R. 855.

4. Radhakrishna Padhi v. Bholakrishna Panda, A. I. R. 1981 Orissa 63.

5. Ishwar Dayal Jain v. Union of India, A. I. R. 1983 Delhi 330.

6. Anant Ram v. Deputy Commissioner, Kulu, A. I. R. 1972 H. P. 15: Also see A. I. R. 1968 P&H 360: A. I. R. 1967 All. 334.

7. Central Bank of India Ltd. v. Kala Prasad, 1968 B. L. I. R 494.

8. Puran Singh v. Hazara Singh, A. I. R. 1966 Punj. 312: 1966 Cur L. J. 216.

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Important Guidelines

Guidelines for Drafting Application under Order 22, Rule 3, CPC:

An Application under Order 22, Rule 3 of the Code of Civil Procedure (CPC) is utilized when a party wishes to bring on record the legal representatives of a deceased party in a pending suit. Follow these guidelines for effective drafting:

Clearly State the Purpose: Clearly articulate the purpose of the application - bringing the legal representatives of the deceased party on record in the pending suit.

Provide Details of Deceased Party: Clearly specify the details of the deceased party, including their name, date of death, and relationship to the pending suit.

Include Names of Legal Representatives: Clearly list and provide details of the individuals who are proposed to be substituted as legal representatives of the deceased party.

Reference Legal Provisions: Clearly cite Order 22, Rule 3 of the CPC and any other relevant legal provisions or precedents supporting the application.

Common Mistakes to Avoid:

Incomplete Information: Ensure all details regarding the deceased party and the proposed legal representatives are accurately specified. Incomplete information may lead to confusion or dismissal.

Failure to Comply with Timelines: Adhere to the timelines prescribed by the court for filing such applications. Failure to do so may result in the rejection of the application.

Neglecting Supporting Affidavit: Support the application with a sworn affidavit providing details about the death and the proposed legal representatives. Neglecting this requirement may weaken the application's credibility.

Ignoring Court Procedures: Adhere to procedural requirements and court-specific formats for such applications. Ignoring formalities may result in the rejection of the application.

By following these guidelines and avoiding common mistakes, you can draft a comprehensive Application under Order 22, Rule 3 CPC, facilitating the substitution of legal representatives and ensuring the continuation of the pending suit after the demise of a party.

Frequently asked questions

What is an Application under Order 22 Rule 3 CPC?→

This legal application under Order 22 Rule 3 of the Civil Procedure Code (CPC) in India seeks to set aside abatement of a suit due to the plaintiff's death and substitute legal representatives to continue proceedings.

When should I file an Application under Order 22 Rule 3 CPC in India?→

File it promptly within the limitation period (usually 60 days) after abatement notice, when legal heirs wish to revive a civil suit in Indian courts following the plaintiff's death.

Is this Application under Order 22 Rule 3 CPC legally valid across India?→

Yes, as a standard CPC format, it is legally valid in all Indian civil courts, provided it complies with local rules and is properly drafted and filed.

What stamp duty or court fee is required for this application in India?→

Court fees are nominal (typically Rs. 10-100 depending on the state and court); no specific stamp duty applies. Verify exact fee with the jurisdictional court registry.

Can I download and customize this Application under Order 22 Rule 3 CPC?→

Yes, download in editable Word or PDF format. Customize fields like case details, heir names, and facts before e-filing or submission in Indian courts.

Who can file an Application under Order 22 Rule 3 CPC?→

Legal representatives or heirs of the deceased plaintiff can file this to set aside abatement and substitute parties, ensuring the suit proceeds in India.

APPLICATION UNDER ORDER 22, RULE 3, C. P. C.

APPLICATION UNDER ORDER 22, RULE 3, C. P. C.

APPLICATION FOR SUBSTITUTION OF THE NAMES OF LEGATEES

IN THE COURT OF THE....................

Misc. Application No..................... of 19....................

C. D................................................................ Applicant

case C. D................................................................... Plaintiff

versus

F. F................................................................ Defendant

In the matter of application for substitution of names of legatees.

Sir,

In the abovenoted case it is respectfully submitted as under:

1. That the plaintiff.................... died on....................

2. That the plaintiff made a will in which she has nominated the applicant and.................... as the executors.

PRAYER

(a) That in the title of the plaint the name of the deceased plaintiff .................... be ordered to be deleted and in her place the names of the following be permitted to be substituted:

1/1.................... son of.................... resident of....................

1/2.................... son of.................... resident of

(e) That after para 6 of the plaint a new para marked as "6A" be permitted to be added as follows:

It is accordingly prayed.

Applicant

VERIFICATION

Verified that the contents of this application are true to my personal knowledge.

Verified and signed on this.................... day of.................... 19.................... at.....................

Applicant

Through Advocate

Dated:....................

case law

Order 22 Rule 3

WHEN REFUSING SUBSTITUTION NOT PROPER

Where the delay in making substitution application was of few days only and there was satisfactory explanation for delay in seeking substitution, the High

Court was held to be in error in refusing substitution in the second appeal
before it?.

WHO MAY FILE APPLICATION UNDER THIS RULE.

CONSENT DECREE BASED ON ONE VIEW OUT OF TWO POSSIBLE VIEWS NOT LIABLE TO CHALLENGE.

CONTINUITY OF SUIT ON BASIS OF ORIGINAL SUIT.

DISMISSAL OF APPLICATION UNDER THIS RULE ON GROUND OF INSUFFICIENT STAMP ON GENERAL POWER OF ATTORNEY ? WHETHER JUSTIFIED? ? (NO)

APPLICABILITY OF THE RULE TO WRIT PETITIONS.

EFFECT OF BONA FIDE MISTAKE IN NOT SUBSTITUTING ALL HEIRS.

WHEN APPEAL ABATES AS A WHOLE

1. Harjit Singh v. Raj Kishore, A. I. R. 1984 S. C. 1238.

2. Ram Charan Lal v. State, A. I. R. 1980 Raj. 96: 1979 Raj. L. W. 439.

3. Jadu Gopal Chakravarty v. Pannalal Bhomic, A. I. R. 1978 S. C. 1329: (1978) 3 S. C. C. 215: (1978) 3 S. C. R. 855.

4. Radhakrishna Padhi v. Bholakrishna Panda, A. I. R. 1981 Orissa 63.

5. Ishwar Dayal Jain v. Union of India, A. I. R. 1983 Delhi 330.

6. Anant Ram v. Deputy Commissioner, Kulu, A. I. R. 1972 H. P. 15: Also see A. I. R. 1968 P&H 360: A. I. R. 1967 All. 334.

7. Central Bank of India Ltd. v. Kala Prasad, 1968 B. L. I. R 494.

8. Puran Singh v. Hazara Singh, A. I. R. 1966 Punj. 312: 1966 Cur L. J. 216.

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