Download Order 22 Rule 4 CPC Application Template PDF India

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Application Under Order 22 Rule 4 CPC Format

Are you facing the sudden demise of a plaintiff in your civil suit and need to substitute legal representatives swiftly? Our Application Under Order 22 Rule 4 CPC Format provides a ready-to-use, customizable legal template to ensure seamless continuation of proceedings in Indian courts.

In civil litigation under the Code of Civil Procedure (CPC), 1908, Order 22 deals with the abatement and substitution of parties due to death, marriage, or insolvency. Specifically, Order 22 Rule 4 CPC governs the procedure for substituting the legal heirs or representatives of a deceased plaintiff. This application is crucial to prevent the suit from abating, which could otherwise lead to dismissal and loss of valuable claims. Whether you're a lawyer handling inheritance disputes, property matters, or contractual breaches, having the correct Application Under Order 22 Rule 4 CPC Format saves time and ensures compliance with court mandates.

Why is Application Under Order 22 Rule 4 CPC Important?

Filing this application promptly within 90 days of the death (as per Limitation Act provisions) is mandatory to keep the suit alive. Failure to do so results in abatement, barring fresh suits on the same cause of action unless condoned by court under Order 22 Rule 9. This format adheres to judicial precedents like those from the Supreme Court and High Courts, emphasizing accurate details of heirs, cause of death, and no prejudice to defendants. Key benefits include:

Legal Compliance: Meets all CPC requirements for Indian district, high courts, or tribunals.
Time-Saving: Pre-drafted clauses reduce drafting errors and delays.
Professional Presentation: Structured for judges, with affidavit support.
Cost-Effective: Avoid expensive legal drafting fees initially.

Key Elements of Application Under Order 22 Rule 4 CPC Format

Our Application Under Order 22 Rule 4 CPC sample includes all essential sections:

Court Details: Heading with suit number, names of parties, and jurisdiction.
Applicant's Particulars: Identity of legal heirs/applicants with relationship to deceased.
Cause of Death: Date, place, and death certificate reference.
List of Heirs: Complete enumeration of legal representatives, excluding those with no interest.
No Prejudice Clause: Affirmation that substitution won't prejudice defendants.
Prayer Clause: Specific request for bringing heirs on record.
Verification and Affidavit: Signed by applicant with supporting documents like legal heir certificate.
Annexures: Death certificate, heirship proof, and vakalatnama.

This comprehensive structure ensures your application is court-ready in PDF or Word format.

Who Should Use This Application Under Order 22 Rule 4 CPC Template?

Ideal for:

Lawyers and Litigants in civil suits involving property partition, recovery of money, specific performance, or family disputes.
Plaintiff's Legal Heirs in ongoing cases across India, from Delhi High Court to district courts.
Corporate Legal Teams where a key officer passes away mid-litigation. Common use cases: Succession disputes, accident claims, breach of contract suits, and eviction proceedings.

Download our free Application Under Order 22 Rule 4 CPC format today or opt for premium customizable versions. Tailor it with AI assistance or professional legal help for your specific case.

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Note: This is a general Application Under Order 22 Rule 4 CPC format for educational purposes. Customize it to your facts, attach required documents, and consult a qualified lawyer for advice. Not a substitute for professional legal services. Related searches: Order 22 Rule 4 CPC sample India, abatement application format, legal heir substitution template, CPC civil procedure downloads.

APPLICATION UNDER ORDER 22, RULE, 4, C. P. C.

APPLICATION UNDER ORDER 22, RULE, 4, C. P. C.

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

Suit No..................... of 19........................................

CD................................................................... Plaintiff

versus

C. F................................................................ Defendant

The applicant most respectfully submits as under: ?

1. That the defendant died on.................... (date).

2. That the deceased defendant is survived by his son.................... aged .................... years presently residing at.................... and he is the only legal representative of the deceased defendant.

3. That the right to sue survives despite the death of the defendant.

PRAYER

It is therefore most respectfully prayed that the son of the deceased defendant may be ordered to be made a party to the suit in place of the deceased defendant.

It is accordingly prayed.

Plaintiff

Through Advocate

Place:....................

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

CASE LAW

Order 22 Rule 4

WHEN ABATEMENT OF APPEAL AS A WHOLE

Where the appeal against a joint decree abates against the respondents due to failure to bring the legal representatives on record, then the appeal abates as a whole1.

WHEN APPEAL ABATES AS A WHOLE FOR NOT BRINGING LEGAL REPRESENTATIVES OF KARTA ON RECORD.

Where the decree was a money decree and a joint decree and the shares also

1. Bhanwari Lal v. Bhulibai, A. I. R. 1972 Raj. 203.

were undefined and indivisible, failure to bring the legal representatives of the Karta on record would abate the appeal as a whole2.

INVOKING POWER OF COURT: CONDITIONS.

It is not necessary for provoking power of exemption conferred by sub-rule (4) to move an application within 90 days. Even an application for the said purpose is not required and the Court can by looking into the record itself grant the exemption. The power conferred is on the court, and writing of the same is not a condition precedent for its exercise3.

POSITION WHEN SOME LEGAL REPRESENTATIVES ALREADY ON RECORD.

If there are several legal representatives, it is sufficient if at least one of them is impleaded under this Rule. A bonafide application within time made for substitution of some of the heirs only is sufficient to keep the suit alive, there is no reason why the same principle should not hold good in a case where some of the heirs are already on record4.

ABATEMENT AGAINST SOME RESPONDENTS.

This Rule does not provide for the abatement of appeal against corespondents of deceased respondent when the legal representatives are not impleaded. It abates against them in certain circumstances, when it cannot proceed and has to be dismissed. Such result depends on the nature of the relief5.

EFFECT OF DEATH OF ONE JOINT TORT-FEASORS.

Law is settled that non-substitution of one joint tort-feasor who upon death has left behind legal representatives would lead to the inevitable dismissal of the entire litigation as it would cease to be competent6.

WHEN APPEAL DOES NOT ABATE.

Where the heir of surety was contesting his liability to satisfy the decretal debt, the appellant claimed no relief against the proforma respondent judgment debtor, by the death of proforma respondent judgment-debtor, right to sue does not revive against him or his heirs and their presence is unnecessary and appeal can proceed in their absence7.

2. Ghanshyam Singh v. Ram Prasad Singh, A. I. R. 1984 Pat. 203.

3. Mohammad Mustqeem v. Aftab Ahmed, A. I. R. 1983 All. 368.

4. Sri Ram Prasad v. The State Bank of Bikaner, A. I. R. 1972 All. 456.

5. Sheo Lal v. Ram Pat, A. I. R. 1972 P&H 32: A. I. R. 1962 S. C. 89 relied.

6. Dhruba Bhoi v. Brundabati Bhojani, (1972) 28 C. L. T. 400.

7. Kanhaiyalal v. Rameshwar, A. I. R. 1983 S. C. 503.

FAILURE TO BRING LEGAL REPRESENTATIVES OF DECEASED RESPONDENT?WHETHER ABATES A WRIT PETITION ? ?(YES).

Where in a petition for issuing a certiorari a deceased person was arrayed as one of the respondents, and his legal representatives were not brought on record, though an application had been made for impleading the legal representatives, the fact remains whatever be the person, no order had been made or the application and they were not brought on record as respondents to the petition the writ petition fails on the short ground that the persons who are necessary parties, had not been impleaded as respondents8.

NO ABATEMENT ON DEATH OF PROFORMA RESPONDENT.

Where a proforma respondent died pending appeal, who claimed no right in property in dispute, the appeal will not abate for not substituting his heirs9.

DEATH OF ONE DEFENDANT ? WHEN TRIAL CAN PROCEED AGAINST REMAINING DEFENDANTS EVEN ON NON-IMPLEADMENT OF LEGAL REPRESENTATIVES.

Where in a suit for ejectment of several trespassers/defendants the interest of the defendants in the suit cannot be said to be joint and indivisible, one defendant dies and his legal representatives not brought on record, the suit can proceed against the remaining defendants. The suit stands abated against the deceased defendant only10.

WHEN APPLICATION UNDER THIS RULE NOT REQUIRED.

Where the suit was lying stayed and there was no necessity to file any application before revival of suit, there is no question of the condonation of delay in filing the application under this Rule".

SUIT FOR RECOVERY OF MONEY.

If it is a personal contract or individual contract & if sole defendant dies & nothing comes to the hands of inter-meddlers, such inter-meddlers are not liable to be substituted as right to sue does not survive in view of Order XXII Rule 4 C. P. C.12

JUDGMENT OF TRIAL COURT REVERSED IN FIRST APPEAL.

Order 22

Question whether suit or apeal had abated due to death of a party has to be decided by Court in which suit or appeal was pending at the time of death of party and abatement took place.13

8. Ninganna v. Narayana Gowda, A. I. R. 1983 Kant. 116.

9. Abdul Hasan v. Param Kirti Saran, A. I. R. 1983 All. 182.

10. Gulam Rasool v. Mariyam, A. I. R. 1980 Raj. 197: 1979 Raj. L. W. 404.

11. Grindlays Bank Ltd. v. C. R. E. Wood and Co. Pvt Ltd., A. I. R. 1984 Delhi 138: 1983 Rajdhani L. R. 745: (1983) 5 D. R. J. 362.

12. Deo Narain Tewari v. Ilnd Additional District Judge, 1996(3) C. C. C. 18 (All. ).

13. Barfi Devi v. State of U. P., 2001 (4) CCC 1 (H. P. ).

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Important Guidelines

An "Application under Order 22, Rule 4, C.P.C. (Code of Civil Procedure)" is drafted in cases where the legal representative of a deceased party needs to be brought on record in ongoing civil proceedings. Here are guidelines for drafting such an application:

Clear Identification: Clearly identify the ongoing lawsuit, the deceased party, and the proposed legal representative, providing accurate details and references to the case.

Legal Grounds: Articulate the legal grounds for seeking the substitution, referencing Order 22, Rule 4, C.P.C., and explaining the necessity of bringing the legal representative on record.

Details of Legal Representative: Provide comprehensive details about the proposed legal representative, including their name, relationship with the deceased, and supporting documents establishing their authority.

Prayer for Relief: Clearly state the relief sought, which is typically the substitution of the legal representative, and any additional orders deemed necessary for the continuation of the proceedings.

Common Mistakes to Avoid:

Incomplete Information: Include all relevant details about the deceased party, the ongoing case, and the proposed legal representative to prevent procedural delays.

Failure to Attach Supporting Documents: Include necessary documents, such as the death certificate and legal representative's authorization, to substantiate the application.

Inaccurate Legal Citations: Ensure accurate citation of legal provisions and rules, preventing misinterpretation or potential objections based on legal inaccuracies.

Ignoring Timelines: File the application within the prescribed timeline to comply with procedural requirements and prevent objections based on delay.

By adhering to these guidelines and avoiding common mistakes, the Application under Order 22, Rule 4, C.P.C. can effectively facilitate the substitution of legal representatives in ongoing civil proceedings after the demise of a party.

Frequently asked questions

What is an Application under Order 22 Rule 4 CPC?→

This is a legal application under the Code of Civil Procedure (CPC), 1908, in India to substitute the legal representatives of a deceased plaintiff in a pending suit, preventing abatement of the case.

When should I file an Application under Order 22 Rule 4 CPC?→

File it when the plaintiff dies during the suit's pendency. It must be submitted within 90 days of the death notice to bring legal heirs on record in Indian courts.

Is this Application under Order 22 Rule 4 CPC legally valid in India?→

Yes, it is fully valid across all Indian courts as per Order 22 Rule 4 CPC, provided it complies with procedural requirements and court rules.

Do I need to pay stamp duty or court fees for this application?→

Court fees are required as per the Court Fees Act, varying by state in India. Stamp duty is usually not applicable on court applications; check local rules.

In what format can I download this Application under Order 22 Rule 4 CPC?→

Download this legal document in editable Word (.docx) or print-ready PDF format for convenient use in Indian litigation.

Can I customize or edit this application template?→

Yes, this customizable template allows editing of party details, case numbers, and other specifics to fit your needs in Indian legal proceedings.