When a petitioner dies while a Civil Special Leave Petition is pending, the correct procedural step depends on whether the right to pursue the proceeding survives and whether a legal representative must be brought on record. In an appropriate case, an application may seek substitution, deletion or consequential amendment of the cause title and memo of parties.
Applicable Supreme Court procedure
- Order XXI Rule 8, Supreme Court Rules, 2013: where, after filing a Civil SLP and before its hearing, the record becomes defective because of the death or change of status of a party, an application is to be made stating the proper person to be substituted or entered on the record.
- Order XIX Rule 30: applies to the hearing and processing of such substitution applications, subject to the conditions stated in the Rules.
- The Supreme Court's current Interlocutory Application nomenclature includes applications for addition/deletion/modification of parties, substitution, setting aside abatement, condonation of delay in filing substitution, and amendment in cause title.
- Where delay or abatement issues arise, separate or additional applications may be required depending on the facts and Registry requirements.
Sample Application Format
The following is a general drafting specimen. Replace the blanks and alternative clauses with the facts of the case. Where legal representatives are required to be substituted, identify them correctly and support the application with the necessary affidavit and documents.
IN THE SUPREME COURT OF INDIA
EXTRA-ORDINARY APPELLATE JURISDICTION
I.A. NO. ________ OF 20__
IN
SPECIAL LEAVE PETITION (C) NO. ________ OF 20__
(Arising out of the final judgment and order dated __________ passed by the High Court of __________ in __________ No. ________ of 20__)
IN THE MATTER OF:
VERSUS
APPLICATION FOR APPROPRIATE ORDERS FOR DELETION / SUBSTITUTION CONSEQUENT UPON THE DEATH OF PETITIONER NO. ___ AND FOR AMENDMENT OF THE MEMO OF PARTIES
TO,
THE HON'BLE CHIEF JUSTICE OF INDIA
AND HIS COMPANION JUSTICES OF
THE HON'BLE SUPREME COURT OF INDIA
The humble application of the Applicant/Petitioner(s) above named:
MOST RESPECTFULLY SHOWETH:
1. That the above Special Leave Petition has been filed against the judgment and order dated __________ passed by the High Court of __________ in __________ No. ________ of 20__ and is presently pending before this Hon'ble Court.
2. That Petitioner No. ___, namely ______________________, expired on __________ at ______________________. A copy of the death certificate is being filed with the present application as Annexure A-1.
3. That consequent upon the death of Petitioner No. ___, the memo of parties/cause title requires appropriate correction so that the record of this Hon'ble Court accurately reflects the parties to the proceeding.
4A. [Use where substitution is required] That the right to pursue the proceeding survives and the following person(s) are the legal representative(s) of the deceased Petitioner No. ___ and are proper and necessary to be brought on record:
(i) ______________________, aged about ___ years, relation __________, residing at ______________________;
(ii) ______________________, aged about ___ years, relation __________, residing at ______________________.
OR
4B. [Use only where deletion without substitution is legally appropriate] That, having regard to the nature of the proceeding and the presence of the surviving petitioner(s), no surviving relief is required to be pursued through the deceased Petitioner No. ___, and the Applicant(s) therefore seek deletion of the deceased petitioner's name from the array of parties, subject to the orders of this Hon'ble Court.
5. That the present application is bona fide and is being filed to place the subsequent event of death on record and to seek the consequential correction/substitution required for proper adjudication of the pending proceeding.
6. That a revised memo of parties is filed along with this application, reflecting the proposed change in the array of parties.
7. That no prejudice will be caused to the opposite parties if the present application is allowed, whereas failure to correct the record may impede the proper continuation of the proceedings.
8. That the Applicant(s) crave leave to file any further application for condonation of delay and/or setting aside abatement, if required on the facts of the case and under the applicable Rules.
PRAYER
In the premises aforesaid, it is most respectfully prayed that this Hon'ble Court may be pleased to:
a) take on record the death of Petitioner No. ___, namely ______________________;
b) permit deletion of the name of the deceased Petitioner No. ___ from the array of parties and/or permit substitution of the legal representative(s) named in this application, as may be applicable;
c) permit the amended/revised memo of parties to be taken on record; and
d) pass such other or further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
AND FOR THIS ACT OF KINDNESS, THE APPLICANT(S) AS IN DUTY BOUND SHALL EVER PRAY.
FILED BY:
__________________________
ADVOCATE-ON-RECORD
FOR THE APPLICANT(S)/PETITIONER(S)
New Delhi
Dated: __ / __ / 20__
Documents commonly considered with the application
Depending on the relief sought, the filing may include the death certificate, affidavit in support, particulars of legal representatives where substitution is requested, a revised memo of parties, and any additional application required because of delay or abatement. Registry requirements should be checked against the current Supreme Court Rules, amendments, practice directions and filing instructions before filing.
Deletion and substitution are different
A request merely to remove the name of a deceased party is different from a request to substitute the deceased party by the legal representative(s). Where an enforceable or surviving right continues through the deceased party, an application for substitution may be necessary. Conversely, where the proceeding can legally continue through the surviving parties and no legal representative needs to be brought on record, an appropriately supported request for deletion or correction of the cause title may be considered by the Court.