Affidavit for Deletion of Party Name (Order 1 Rule 10(2) CPC)
**Sample PDF of the Affidavit is attached at the end.
Why is this affidavit used?
This affidavit is filed when:
- A person's name has been wrongly or unnecessarily added as a party (plaintiff or defendant) in a petition/suit.
- The party never gave consent, never signed the vakalatnama, or does not wish to be part of the case.
- The person wants to formally declare before the court that they have no role, interest, or claim in the case.
In this example, the petitioner's brother included his name in a property case without his permission. So, he swears an affidavit and seeks deletion of his name.
When is it used?
- Mistaken inclusion of a party by counsel or another petitioner.
- No consent was given for filing the case, but the name was still added.
- A person was once connected with the matter (like an agreement, contract, or transaction) but later withdrew/settled and does not want to litigate.
- When continuing as a party would cause hardship, liability, or misrepresentation.
Purpose
- To place on record a sworn statement that the deponent is wrongly arrayed as a party.
- To support an application under CPC Order I Rule 10(2) for deletion of their name.
- To protect the deponent from being bound by pleadings, orders, or consequences of a case they do not wish to pursue.
FAQs
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Q1. What is Order I Rule 10(2) CPC?
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It empowers the court to strike out (remove) or add parties in a suit if their presence is unnecessary or improper.
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Q2. Can the court remove a party without their affidavit?
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Yes, on its own or on application. But an affidavit by the party makes the request stronger and removes doubts.
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Q3. If my name is wrongly added, will I still be liable for costs?
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Normally, no. Once the court allows deletion, you are no longer a party. But until then, you may have to appear or file this affidavit to clarify your stand.
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Q4. Can I remove my name even if I initially signed the agreement?
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Yes, if you have settled, withdrawn interest, or are no longer pursuing claims, you can request deletion.
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Q5. Do I need to take legal action against the person who wrongly added my name?
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Not necessarily. You can simply seek removal. But if fraud/malicious intent is involved, separate remedies may be available.
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Q6. Does this affidavit mean I abandon all rights in the matter?
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Yes, once deleted, you give up claim/interest in the case. Future claims may be difficult. So use this carefully.
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Q7. Is this affidavit always required?
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Not always. But courts prefer written affidavits as clear proof that the person truly wishes deletion.
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Q8. What happens after filing this affidavit?
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The court hears the application under Order I Rule 10(2) CPC. If satisfied, it passes an order deleting your name from the petition.
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Q9. Can someone force me to remain as a party?
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No. If you show you are not a necessary or proper party, the court must strike your name out.
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Q10. Can I later rejoin the case after removal?
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Only if the court allows adding you back under Order I Rule 10(2). Otherwise, your rights may need to be pursued separately.
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| Attachment | Size |
|---|---|
| sample-affidavit-for-deletion-of-party-name (349.16 KB) | 349.16 KB |
BEFORE THE COURT OF ____________, __________
CS OS NO. ____ OF 20__
IN THE MATTER OF :
MR.AA______&ORS
..........................PETITIONERS
VERSUS
MR. EE ______________
........................RESPONDENT
AFFIDAVIT
IT IS MOST RESPECTFULLY SHOWETH:
I, _______________, son of Shri ______________, aged about __ years, resident of ______, ________________, New Delhi-______, do hereby solemnly affirm and declare as under:-
- That I am Petitioner No. 2 in the above-mentioned suit. I am fully acquainted with the facts and circumstances of this case and am competent to affirm this affidavit.
- I respectfully state that although my name appears as Petitioner No. 2 in the Suit for Specific Performance referred to above, I never approached nor authorised any counsel to file any appeal on my behalf. I have also not executed any vakalatnama in favour of the said counsel, nor have I authorised my brother (Petitioner No. 1) in this regard.
- I came to learn about the filing of the said petition only through the respondent in the proceedings mentioned above. While it is true that I was a party to the agreement for the purchase of the flat, I had abandoned the idea of acquiring the property after the respondent refunded my payment along with interest. I had communicated this decision to both the respondent and Petitioner No. 1 a long time ago.
- It appears that Petitioner No. 1, motivated by the significant increase in the property's market value – now nearly three times higher – intends to extract additional money from the respondent and has sought to improperly involve me in this matter. I categorically deny and refuse to be part of such unauthorised and unlawful actions.
- I respectfully submit that I have no interest whatsoever in pursuing or maintaining this petition, which has been filed in my name without my consent, knowledge, or approval.
- However, since Petitioner No. 1 is my brother, I do not wish to initiate any further action against him for having conducted himself in this manner.
- In light of the above circumstances, it is just and necessary that this Hon'ble Court be pleased to direct deletion of my name from the array of parties in the suit, as prayed for in the accompanying application.
DEPONENT
VERIFICATION
Verified at _________ on this day of _________ that the contents of my above affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.
DEPONENT
Solemnly affirmed and signed before me by the deponent, who is personally known to me, on this the ___ day of _______, 20__.
COUNSEL FOR THE DEPONENT
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