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IN THE HIGH COURT OF DELHI AT NEW DELHI
C.M. No.
_____/20___
in
W.P.(C)
No______/20___
In
the matter of :
Versus
_____________ ...RESPONDENT
INDEX
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S.No. |
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1. |
Application for setting aside abatement with affidavit |
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Filed by
Date New Delhi
Advocate for the Petitioner
C.M. No.
_____/20___
in
W.P.(C)
No______/20___
In
the matter of :
_____________ ….PETITIONERS
Versus
_____________ ...RESPONDENT
APPLICATION FOR SETTING ASIDE ABATEMENT
MOST RESPECTFULLY SHOWETH:
1. That the present Writ Petition was preferred under Article 226 of the Constitution of India for issuance of a writ of Mandamus thereby quashing the letter dated ________ issued by the respondent being null and void;___________.
2. That the Petitioner crave leave to refer and rely upon the contents of the above-mentioned Petition, as part of this application and the same have not been repeated herein for the sake of brevity.
3. That during pendency of the present writ petition, the petitioner unfortunately succumbed to ill health on _________ leaving behind the legal heirs as given in the application for substitution.
4. That it is submitted that the petitioner had died on _______ but the petitioner could not file the application for substitution within time i.e. a delay of ___ days because the counsel for the petitioner was not able to connect with the petitioner for last 8-10 months and it was only a day before the matter was listed i.e. on ______ that the counsel of the petitioner came to know through the son of the petitioner that the petitioner had already expired on _______. Hence, the present application is filed seeking setting aside the abatement in application for substitution.
5. That in the
aforesaid application is made bonafide and the same be allowed in the interest
of justice.
PRAYER
It is,
therefore, most respectfully prayed that this Hon’ble Court may graciously be
pleased to:
a) Allow the
present application for setting aside abatement in application for substitution
bringing on record the legal heirs of petitioner in the above-noted writ
petition; and
b) Pass such
other or further order/ orders as this Hon’ble Court may deem fit and proper in
the facts and circumstances of the case.
Filed by
Date
New
Delhi
Advocate
IN THE HIGH COURT OF DELHI AT NEW DELHI
C.M. No.
_____/20___
in
W.P.(C)
No______/20___
In
the matter of :
Versus
_____________ ...RESPONDENT
AFFIDAVIT
I, ______S/o _____R/o _______aged about years do hereby solemnly affirm and declare as under :-
1. That I am the Legal Representative no. 1 of the petitioner in the accompanying petition and am fully conversant with the facts and circumstances of this case and therefore, competent to swear this affidavit.
2. That I have understood the contents of the accompanying application which has been drafted by my counsels under my instructions and the contents of the petition has been read over to me in vernacular and the same are true and correct. No part thereof is false and nothing material has been suppressed therefrom.
3.
That the contents of
the accompanying application may kindly be read as part and parcel of the
present affidavit and the same are not being reproduced for the sake of
brevity.
DEPONENT
VERIFICATION
Verified at New Delhi, this the ____ day of _______ that the contents of
the above affidavit are true to the best of my knowledge and that I have not
suppressed any material facts.
DEPONENT
