Civil

Application for Substitution of Legal Representatives under Order XXII CPC

An application for substitution of legal representatives is filed to bring the heirs or legal representatives of a deceased party on record in a pending civil suit or appeal. It ensures that the proceedings do not abate and that the right to sue or defend survives the death of a party.

This application is filed as an Interlocutory Application in the main case before the Civil Court where the suit or appeal is pending. It is governed by Order XXII Rules 3 and 4 read with Section 151 of the Code of Civil Procedure, 1908.

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Governing law
Order XXII Rules 3, 4 and 9 read with Section 151 of the Code of Civil Procedure, 1908; Section 5 Limitation Act, 1963 (where filed late)
Sections
s. 22s. 151
Filed before
Civil Court (District / High Court / Supreme Court)

When this is the right filing

  • When a sole plaintiff or defendant in a pending civil suit dies and the right to sue or defend survives to their legal representatives.
  • When one of several plaintiffs or defendants dies and the remaining parties wish to continue the proceedings by bringing the deceased's legal representatives on record.
  • When the application is made within 90 days of the death, seeking only substitution of the legal representatives.
  • When the application is made after 90 days of the death, requiring additional prayers to set aside the abatement and condone the delay under Section 5 of the Limitation Act, 1963.
  • Do not use this application if the right to sue or defend is personal to the deceased and does not survive to their legal representatives; in such a case, the suit abates.

What the court looks for

  • The date of death of the original party and whether it occurred during the pendency of the suit or appeal.
  • The names, details, and relationship of the proposed legal representatives to the deceased party.
  • A clear statement that the right to sue or defend survives against the proposed legal representatives.
  • If filed beyond the limitation period, sufficient cause for the delay in filing and grounds for condonation of delay and setting aside abatement.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1Cause title
  2. 2Application
  3. 3Grounds
  4. 4Prayer
  5. 5Affidavit
  6. 6Verification
How it opens
V. BECAUSE the delay, if any, in filing the present application was caused by [reason for delay] and is neither intentional nor for any oblique motive; the Respondent will not suffer any demonstrable prejudice from the grant of this application.

Bracketed items are filled from your case.

Frequently asked questions

What is the difference between an application under Order XXII Rule 3 and Rule 4 CPC?

Order XXII Rule 3 applies when the deceased party is a plaintiff, and the application is made by their legal representatives to continue the suit. Rule 4 applies when the deceased party is a defendant, and the plaintiff or another party applies to bring the defendant's legal representatives on record.

What happens if the application for substitution is not filed within 90 days of the death?

If the application is not filed within 90 days, the suit or appeal abates against the deceased party. The applicant must then additionally pray for setting aside the abatement under Order XXII Rule 9 and for condonation of delay under Section 5 of the Limitation Act, 1963, explaining the reasons for the delay.

Is a separate application required for setting aside abatement and condonation of delay?

No, a single composite application can be filed seeking substitution of legal representatives, setting aside of abatement, and condonation of delay. The grounds for each prayer must be clearly stated in the application.

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