Affidavit for Deletion of Petitioner’s Name in SLP (Death Case)

Affidavit for Application for Deletion of Name of Party from Special Leave Petition filed in Supreme Court due to the death of Petitioner.

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
I.A No. ________ OF 2020
IN
SPECIAL LEAVE PETITION (C) NO _______ OF 20____
(Arising from the Final Judgment and Order dated _______ passed by the Hon'ble High Court of ____________ in Writ Petition No. _______ of 20__)

IN THE MATTER OF:

______________________ & ORS.

…... Petitioners

VERSUS

UNION OF INDIA & ORS.

…Respondents

AFFIDAVIT

I, ___________________, son of Shri ____________________, aged about ____ years, presently residing at _____________________________, do hereby solemnly affirm and state as under:
That I am Petitioner No. 2 in Special Leave Petition (C) No. _________ of 2018 and, being acquainted with the facts of the case, am competent and duly authorised to swear this affidavit on behalf of all the petitioners.

1. That the other petitioners have authorised me to affirm and sign this affidavit for and on their behalf.
2. That I have gone through the contents of the accompanying application, which I believe to be true and correct to my personal knowledge.
3. That I state that my Advocate-on-Record has been instructed accordingly and the accompanying application has been drafted on the basis of such instructions.
4. That Petitioner No. 1, Shri ______________, passed away on ________ at __________.
5. That his wife, Smt ______________, daughter of Shri ______________, resident of ____________________, has informed me that she does not wish to pursue the matter and has requested that the name of Petitioner No. 1 be deleted from the array of parties.

DEPONENT

VERIFICATION

I, the deponent above named, do hereby verify that the statements made in this affidavit are true and correct to my knowledge. Nothing material has been concealed, and no part is false.
Verified at ___________ on this ___ day of ____, 20.

DEPONENT

Why is this affidavit used?

• To formally inform the Supreme Court that a petitioner in a pending Special Leave Petition (SLP) has passed away.
• To request the Court to delete the deceased petitioner's name from the array of parties, especially if:
• Legal heirs do not want to continue the case, or
• Substitution is unnecessary because other petitioners are continuing.

When is it used?

• During the pendency of an SLP (before hearing or final disposal).
• When one petitioner dies, and:
• The cause of action survives with other petitioners, or
• Legal heirs do not want substitution.
• To avoid technical defects in pleadings, a dead person cannot remain a party in Court proceedings.

Purpose of this affidavit

• To maintain the correctness of party records before the Supreme Court.
• To avoid dismissal of the SLP for non-compliance (if the death is not reported).
• To place on record the consent of legal heirs (that they do not wish to pursue).
• To show that other petitioners are still competent to continue the case.

Important points

• Filed with an Interlocutory Application (IA) under Supreme Court Rules, 2013.
• Death certificate or supporting proof of death should be annexed.
• If heirs wish to substitute, a separate application under Order XXII CPC (read with SC Rules) is required.
• If heirs refuse to join, deletion is the only remedy.

• Misstatement in affidavit → may lead to perjury proceedings.

   

  FAQs

Q1. Why can't the name of a deceased petitioner remain in the SLP?

Because legally, a dead person has no locus in litigation. The record must reflect only living parties.

Q2. What happens if no affidavit is filed after the death of a petitioner?

The SLP may face abatement (treated as lapsed against the deceased) or objections from the Registry.

Q3. Can legal heirs continue the case if they want to?

Yes. Then a substitution application (not deletion) is filed.

Q4. If multiple petitioners exist, is deletion enough?

Yes, if the cause of action survives with others. Example: In a service matter with 10 employees, if one dies, the remaining can continue.

Q5. Is this affidavit only for the Supreme Court?

Mainly for SLPs in the Supreme Court. But similar affidavits are used in High Courts or Civil Courts when a party dies during proceedings.