2. My father died on ____, leaving me, the representative and the other party as his only heirs and legal representatives, our young unmarried brother and mother having died before our father. An application to replace a new party in the event of the death of a party must be accompanied by an affidavit of the new party. According to Rule 3 of Ordinance xxii, the name of the deceased person may be replaced by the name of the legal heir of the party. 5. The attached request for representation is the request to replace my deceased father by the legal representatives. 6. The only legal representatives of my deceased father are now my sister and I, who are parties to the prosecution and proceedings, and it is sufficient that we are registered as such. Rule 3 Order XXII “Procedure in the event of the death of one of the plaintiffs or of a single plaintiff” (1) Where one or more of the two or more claimants dies and the right to bring an action still does not exist for the only surviving plaintiff or plaintiffs, or only one or one surviving plaintiff dies and the right to bring an action persists, the court shall, on application on that behalf, arrange for the legal representative of the deceased plaintiff to and continue the action. (2) If no claim is made in accordance with provision (1) within the time limit by law, the action lapses for the deceased plaintiff and, at the request of the defendant, the court may award the defendant the costs incurred by the defendant in defending the action and be recovered from the estate of the deceased plaintiff. 3. A will would have been executed by my father and all his property would therefore have been inherited in favour of the other party.
4. The validity of that will is disputed by me on the ground that the same thing was not done by my father.