Application to bring legal representatives on record (O.22 R.3/4 CPC)
After a party dies during a civil case: bring the heirs on record within 90 days, or ask to set aside the abatement.
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How the paper begins
With Dastavo's sample details; the people and places are fictional. The words in blue are the ones you fill in.
IN THE COURT OF Civil Judge (Junior Division), Amarnagar
Civil Suit No. 412 of 2025
Versus
APPLICATION UNDER ORDER XXII RULE 4 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908, FOR BRINGING ON RECORD THE LEGAL REPRESENTATIVES OF THE DECEASED DEFENDANT, WITH A PRAYER FOR SETTING ASIDE THE ABATEMENT AND CONDONING THE DELAY
Respectfully Showeth:
1.That the above case is pending before this Hon'ble Court.
2.That Jagir Singh, the defendant No. 2 in the case, died on 02-05-2026, which came to the knowledge of the applicant on 28-09-2026.
3.That the deceased is survived by the following legal representatives, who now represent the estate of the deceased:
| No. | Name | Relation to the deceased | Age | Address |
|---|---|---|---|---|
| 1 | Balwant Kaur | widow | 67 | Village Kalyanpur, Tehsil and District Amarnagar |
| 2 | Gurdev Singh | son | 48 | House No. 88, Model Town, Amarnagar |
| 3 | Manjit Kaur | daughter | 44 | House No. 14, Sector 9, Shantipur |
The rest of the paper is in Dastavo.
What to bring
Papers to bring
- The death certificate of the deceased (photocopy; the original to show)
- A list of all the legal heirs, with each one's relation, age and address (a family register copy or a legal heir certificate, if any)
- A will or other paper, if anyone claims the estate through it
- For a late application: proof of when and how you learned of the death
- The main case: its number and year, the court, the names of the parties and the next date
Where to go
Filed through your advocate in the court where the case or appeal is pending, with the amended memo of parties; notice goes to the heirs and the other side, and the court decides who represents the estate.
Fee
Court fee and welfare stamps, where needed, are put on as the court office directs; ask the counter for today's amounts. The advocate's fee is separate.
Good to know
- Apply within 90 days of the death; after that the case abates as to the deceased, and within the next 60 days you can ask to set the abatement aside. Later, only with a good reason for the delay.
- Name every heir the personal law recognises; under Hindu law that includes the widow, the mother and the daughters, married or not.
- Tell your advocate of the death at once; the advocate must inform the court (Order XXII Rule 10A).
Papers and fees can change. Check with the office before you go. Guidance only, not yet reviewed by a lawyer.
Stamp paper
Court fee and welfare stamps, where needed, are affixed as the court office directs.