Civil Pleading - Application_Order22Rule3_CPC_Substitution_Legatees_Clean_Format

Category: Civil Law Documents

Updated: 2026-08-30T13:05:53.149634+00:00

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.................... in C. D................................................................ Applicant in 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:....................