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IN THE COURT OF SH. XXXXXXXXXX; LD.ADJ, CENTRAL DIST.; TIS HAZARI COURTS, DELHI.
I.A.
NO. NO. ______ OF XXXX.
IN
CIVIL SUIT NO.XX OF XXXX.
IN
THE MATTER OF :-
XXXXXXXXXX
: PLAINTIFFS
VERSUS
XXXXXXXXXX : DEFENDANTS
N.D.O.H.: XX.XX.XXXX
1. 1. APPLICATION ON BEHALF OF THE APPLICANT /
LRS OF THE DECEASED PLAINTIFFS NO.1 AND 3 UNDER ORDER 22 RULE 3 R/W SECTION 151
OF CODE OF CIVIL PROCEDURE.WITH
AFFIDAVIT.
2. 2. AMENDED MEMO
OF PARTIES.
3. 3. ANNEXURE P-1
DEATH CERTIFICATES OF THE PLAINTIFF NO.1 AND 3.
------------------------------------------------------------------------------------
DELHI APPLICANTS
THROUGH
DATED
ADVOCATE
Address: XXXXXXXX
XXXXXXXXXXXXXXX
XXXXXXXXX.
Mob.No.- XXXXXXXXXX
Email: XXXXXXXX@XXXXX.XXX
IN
THE COURT OF SH. XXXXXXXXXX; LD.ADJ-04, CENTRAL DIST.; TIS HAZARI COURTS,
DELHI.
I.A.
NO. NO. ______ OF 2022.
IN
CIVIL SUIT NO. XX OFXXXX.
IN
THE MATTER OF :-
XXXXXXXXXX :
PLAINTIFFS
VERSUS
XXXXXXXXXX :
DEFENDANTS
N.D.O.H.: XX.XX.XXXX
AMENDED MEMO OF PARTIES
1. SH. XXXXXXXXXX(SINCE
DECEASED)
S/o Late Sh. XXXXXX
2.
SMT. XXXXXX
W/o Late Sh. XXXXX
THROUGH THEIR LRS;-
1. Sh. XXXXX (Son) (Plaintiff
No.2 herein)
S/o Late Sh. XXXXX
2. Smt. XXXXX (Daughter)
(Plaintiff No.4 herein)
D/o Late Sh. XXXXX
Both R/o XXXXXXXXXX
XXXXXXXXXXXXXXXXX. : PLAINTIFFS
VERSUS
1. M/S. XXXXXXXXXXXX.
O/a- XXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXX.
2.
SH. XXXXXXXXXXXXX
S/o Sh. XXXXXXXXXX
R/o XXXX,XXXXXXXXXX,
XXXXXXXXXX. :DEFENDANTS
---------------------------------------------------------------------------
DELHI APPLICANTS
/ LRS
THROUGH
DATED
XXXXXXXXXX
ADVOCATE
Address:
XXXXXXXX
XXXXXXXXXXXXXXX
XXXXXXXXX.
Mob.No.-
XXXXXXXXXX
Email: XXXXXXXX@XXXXX.XXX
IN THE COURT OF SH. XXXXXXXXXX; LD.ADJ, CENTRAL DIST.; TIS HAZARI COURTS, DELHI.
I.A.
NO. NO. ______ OF 2022.
IN
CIVIL SUIT NO.XX OF XXXX.
IN
THE MATTER OF :-
XXXXXXXXXX :
PLAINTIFFS
VERSUS
XXXXXXXXXX :
DEFENDANTS
N.D.O.H.:
XX.XX.XXXX
APPLICATION ON BEHALF OF THE APPLICANTS / LRSOF THE DECEASED PLAINTIFFS NO.1 AND 3 UNDER ORDER 22 RULES 3 READ WITH SECTION 151 OF CODE OF CIVIL PROCEDURE ALONG WITH SECTION 5 OF LIMITATION ACT.
MOST RESPECTFULLY SHOWETH :-
1. That the Plaintiff has filed the above suit for specific performance of agreement to sell dated XX.XX.XXXX and permanent injunction and the same is pending before this Hon’ble Court for XX.XX.XXXX.
2. That during the course of the proceedings the plaintiff no.1 Sh. XXXXXXX unfortunately expired on XX.XX.XXXX this being the time period when the outbreak of covid-19 virus was seen and countrywide lockdown was also imposed by the Govt. of India due to Covid-19 Pandemic. Hence, the present matter was continuously adjourned due to lockdown.
3. That during this period the plaintiff no.2 Smt. XXXXXXX unfortunately expired on XXXXXXXX this time period again outbreak of covid-19 second wave and countrywide again lockdown was imposed due to Covid-19 2nd wave.
4. That it is submitted copy of death
certificate supplied by the applicants / LRs are enclosed herewith, and the
details of legal heirs as provided by the son of the deceased plaintiffs no.1
and 3. The deceased plaintiffs no.1 and 3have left following legal heirs which
are as:-
1. Sh. XXXXXXXXXX
(Son)(Plaintiff No.2
herein)
S/o Late Sh. XXXXXXX
2. Smt.
Rekha Mittal (Daughter)(Plaintiff No.4
herein)
D/o Late Sh. XXXXXXX
Both R/o- xxxxxxxxxx
Xxxxxxxxxxxxxxxxxx.
5. It is submitted that the LRs no.1 and 2 are son and daughter of the deceased plaintiffs no.1 and 3are already a party in the present suit i.e. plaintiff no.2 and 4 herein and they both are the only son and daughter of the deceased plaintiffs no.1 and 3.
6. It is necessary to bring on the record the legal representative of the deceased plaintiffs no.1 and 3 so that right to sue survives and suit can proceed further.
7. That right to sue survives to the above mentioned legal heir of deceased plaintiffs no.1 Sh. xxxxxxxx and plaintiff no.3 Smt. xxxxxxx, therefore, the above legal heirs are liable to be substituted in place of deceased plaintiffs.
8. That there are no other legal heirs / representatives of the deceased plaintiffs no.1 and 3 except the above named legal heirs / applicants / plaintiff no.2 and 4, as per information provided by the deceased’s son.
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 because of the reasons as mentioned herein above.
10. That no prejudice shall be caused to the defendants if the present application is allowed.
PRAYER :-
It
is therefore, respectfully prayed that this Hon’ble Court may kindly pleased
to;-
a. Allow the present
application and the Legal Representatives / surviving members mentioned in para
no.3 and 4 of the application may kindly substituted in place of deceased plaintiffs no.1 and 3 to be brought on the record in the interest
of justice; and
b. Condone the delay in filing the present application for
substitution of deceased plaintiffs no.1 and 3 in the interest of justice;
c. Any other relief which this Hon’ble Court deems fit and proper in the circumstances of the case may also be passed in favor of the Applicant / Plaintiff, in the interest of justice.
It is prayed accordingly,
DELHI APPLICANTS / LRS
THROUGH
DATED
XXXXXXXXXX
ADVOCATE
Address:
XXXXXXXX
XXXXXXXXXXXXXXX
XXXXXXXXX.
Mob.No.-
XXXXXXXXXX
IN THE COURT OF SH. XXXXXXXXXX; LD., CENTRAL DIST.; TIS HAZARI COURTS, DELHI.
I.A.
NO. NO. ______ OF XXXX.
IN
CIVIL SUIT NO. XX OF XXXX.
IN
THE MATTER OF :-
XXXXXXXXXX. : PLAINTIFFS
VERSUS
XXXXXXXXXX : DEFENDANTS
AFFIDAVIT
Affidavit of Sh. XXXXXXX, S/o Late Sh. XXXXXXX, R/o-XXX,XXXXXXXXXX,XXXX, presently at New Delhi, do hereby solemnly affirm and declare as under :-
1. That I am the Applicant no.1 / LR / plaintiff no.2 of the deceased plaintiffsno.1 and 3 in the above noted matter and am competent to depose by way of this affidavit in the aforesaid capacity.
2. That the contents of accompanying application under Order 22 Rule 3 r/w Section 151 of C.P.C. has been drafted under my instructions, which has been read and understood by me and I say that the contents of the same are true and correct.
DEPONENT
VERIFICATION
:-
Verified at Delhi on this ____, day of April, 2022 that the contents of paras 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. XXXXXXXXXX; LD.ADJ-04, CENTRAL DIST.; TIS HAZARI COURTS, DELHI.
I.A.
NO. NO. ______ OF XXXX.
IN
CIVIL SUIT NO. XX OF XXXX.
IN
THE MATTER OF :-
XXXXXXXXXX. : PLAINTIFFS
VERSUS
XXXXXXXXXX : DEFENDANTS
AFFIDAVIT
Affidavit of Smt. XXXXXXXXXX, D/o Late Sh. XXXXXXXXXX, R/o XX,XXXXXXXX,XXXXX, presently at New Delhi, do hereby solemnly affirm and declare as under :-
1. That I am the Applicant no.2 / LR / plaintiff no.4 of the deceased plaintiffs no.1 and 3 in the above noted matter and am competent to depose by way of this affidavit in the aforesaid capacity.
2. That the contents of accompanying application under Order 22 Rule 3 r/w Section 151 of C.P.C. has been drafted under my instructions, which has been read and understood by me and I say that the contents of the same are true and correct.
DEPONENT
VERIFICATION
:-
Verified at Delhi on this ____, day of XXXXX, XXXX that the contents of paras 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
