Disposed

Pulin Sharma and 6 Ors. v. United India Insurance Company Ltd. and 2 Ors.

Gauhati HC12 Jun 2018I.A.(Civil)/1870/2018

Case brief

AI extract

What is this about?

The court dismissed an application to modify an order striking off a deceased respondent's name. It directed the insurance company to consolidate petitions to implead the legal representative of the deceased within two months.

What did the court decide?

Apps dismissed; insurer given 2 months to consolidate petitions to implead legal representative of deceased respondent No.4(e).

Pulin Sharma and 6 Ors. Vs United India Insurance Company Ltd. and 2 Ors. — Gauhati HC (2018) — LawSathi Research

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GAHC010099812018

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil) 1870/2018

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1:PULIN SHARMA AND 6 ORS

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R/O- VILL- CHAMATA, P.O. PASCHIM CHAMATA, P.S. BELSOR, DISTNALBARI, ASSAM, PIN-781306

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2: DHAN SHARMA @ SRI BHUBANESWAR SARMA R/O- VILL- CHAMATA P.O. PASCHIM CHAMATA P.S. BELSOR DIST- NALBARI ASSAM PIN-781306

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3: SMTI.. BINA PANI DEVI W/O- LT PABINDRA SARMA R/O- VILL- CHAMATA P.O. PASCHIM CHAMATA P.S. BELSOR DIST- NALBARI ASSAM PIN-781306

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4: SMTI. KAMALA DEVI D/O- LT PABINDRA SARMA RESIDENTS IN EACH OF THEIR RESPECTIVE HOUSES AT DIFFERENT VILLAGES OF NALBARI DIST. AFTER THEIR MARRIAGE BUT POSTAL ADDRESS ARE SHOWN AS IN THE C/O- SRI PULIN SARMA VILL- CHAMATA P.O. PASCHIM CHAMATA P.S. BELSOR DIST- NALBARI ASSAM PIN-781306 (THEIR MAIDEN HOUSE)

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5: SMT. BIJOYA DEVI D/O- LT PABINDRA SARMA RESIDENTS IN EACH OF THEIR RESPECTIVE HOUSES AT DIFFERENT VILLAGES OF NALBARI DIST. AFTER THEIR MARRIAGE BUT POSTAL ADDRESS ARE SHOWN AS IN THE C/O- SRI PULIN SARMA VILL- CHAMATA P.O. PASCHIM CHAMATA P.S. BELSOR DIST- NALBARI ASSAM PIN-781306 (THEIR MAIDEN HOUSE)

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6: SMTI. GEETA DEVI D/O- LT PABINDRA SARMA RESIDENTS IN EACH OF THEIR RESPECTIVE HOUSES AT DIFFERENT VILLAGES OF NALBARI DIST. AFTER THEIR MARRIAGE BUT POSTAL ADDRESS ARE SHOWN AS IN THE C/O- SRI PULIN SARMA VILL- CHAMATA P.O. PASCHIM CHAMATA P.S. BELSOR DIST- NALBARI ASSAM PIN-781306 (THEIR MAIDEN HOUSE)

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7: SMTI. JOYA DEVI D/O- LT PABINDRA SARMA RESIDENTS IN EACH OF THEIR RESPECTIVE HOUSES AT DIFFERENT VILLAGES OF NALBARI DIST. AFTER THEIR MARRIAGE BUT POSTAL ADDRESS ARE SHOWN AS IN THE C/O- SRI PULIN SARMA VILL- CHAMATA P.O. PASCHIM CHAMATA P.S. BELSOR DIST- NALBARI ASSAM PIN-781306 (THEIR MAIDEN HOUSE

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VERSUS

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1:UNITED INDIA INSURANCE COMPANY LTD. AND 2 ORS

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HAVING ITS REGIONAL OFFICE AT G.S.ROAD, GHY-5, DIST- KAMRUP, ASSAM

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2:TILAK DAS S/O- LT MANOHARI DAS

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R/O- VILL- RAMPUR P.S. MUKALMUA DIST- NALBARI ASSAM PIN-781126

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3:SMTI. DIPIKA DAS D/O- LT MANOHARI DAS R/O- VILL- RAMPUR P.S. MUKALMUA DIST- NALBARI ASSAM PIN-78112

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Advocate for the Petitioner : MS. B CHOUDHURY

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Advocate for the Respondent : MR S DUTTA

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BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA

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ORDER

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Date : 12-06-2018

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Heard Ms, B. Choudhury, learned counsel for the applicant and Mr. S. Dutta, learned Senior counsel assisted by Mr. C. Sarma, learned counsel for the opposite party No.1 as well as Mr. A. Mobaraque, learned counsel for the respondents No.2 and 3.

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By this application under section 153 read with section 151 CPC, the applicant has prayed for modification/ alternation of the order dated 20.12.2017 passed by this Court in MC No.3159/2014.

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On 13.11.2014, MC 3159/2014 was filed for condoning the delay of 5290 days in substituting the legal representative of respondent No.4. Along with the said connected application bearing MC 3158/14 was filed under Order XXII Rule 4 read with section 151 CPC for substitution of the legal representatives of respondent No.4. The connected application No. MC 3160/14 was filed under Order XXII Rule 9 CPC for setting aside the abatement in

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respect of respondent No.4. During the pendency of MC 3159/14, the respondent No.4(e) had also died. However, the necessary particulars were not provided by the learned counsel for the said respondent. Accordingly, by the order 20.12.2017, on finding that the estate of the respondent No.4(e) was duly represented by the other family members, the name of the deceased respondent No.4(e) was struck off.

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The learned counsel for the applicant submits that the deceased respondent No.4(e) had died leaving behind:

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(a) Smt Binita Devi, daughter,

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(b) Smt Monika Devi, daughter,

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(d) Shri Bhaskar Sarma, son; all residents of Ward No.1, Jyoti Nagar, Pathsalar, PIN-781325.

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Therefore, her anxiety is that the remaining legal representative of respondent No.4 may not be made liable against the liability, if any against the deceased respondent No.4(e).

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In view of the submissions made, this Court is of the view that in this case the substitution of LRs of deceased respondent No.4 has not yet been allowed. The liability, if any, is on the estate of the deceased respondent No.4, as such, this Court is not inclined to modify the order dated 20.12.2017.

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However, it is provided that the said order shall not stand as a bar for the respondent No.1 i.e. United India Insurance Company Limited to file a consolidated petition to implead the legal representative of the deceased respondent No.4 (e) in MC 3158/14, MC 3159/14 and MC 3160/14 within a period of 2 (two) months from today.

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This application stands disposed of.

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JUDGE

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Comparing Assistant

Pulin Sharma and 6 Ors. v. United India Insurance Company Ltd. and 2 Ors.

Case brief

What is this about?

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Pulin Sharma and 6 Ors. v. United India Insurance Company Ltd. and 2 Ors.

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