Court allowed application under Order XXII Rule 3 CPC for substitution of legal heirs of a deceased appellant. Cause title of the main appeal was ordered to be corrected accordingly.
Application allowed to substitute legal heirs; cause title corrected.
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GAHC010074062019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 1274/2019
1:ON THE DEATH OF JAGENDRA CHAKRABORTY HIS LEGAL HEIRS DIPTI CHAKRABORTY AND ANR
W/O LATE JOGENDRA CHAKRABORTY, R/O JUMBASTI, WARD NO. 4 BADARPUR, P.S. BADARPUR, DIST. KARIMGANJ, ASSAM.
2: DIPANKAR CHAKRABORTY S/O LATE JOGENDRA CHAKRABORTY R/O JUMABASTI WARD NO. 4 BADARPUR P.S. BADARPUR DIST. KARIMGANJ ASSAM
VERSUS
1:JATINDRA CHANDA PAUL and 4 ORS,
S/O LATE JAMINI PAUL, R/O JUMABASTI, WARD NO. 4, BADARPUR, P.S. BADARPUR, DIST. KARIMGANJ, ASSAM.
2:SHUSANTA PAUL S/O SHRI JATINDAR CH. PAUL R/O JUMABASTI WARD NO. 4 BADARPUR P.S. BADARPUR DIST. KARIMGANJ ASSAM.
3:PRASHANTA PAUL S/O SHRI JATINDAR CH. PAUL R/O JUMABASTI WARD NO. 4
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BADARPUR P.S. BADARPUR DIST. KARIMGANJ ASSAM.
4:SHAMANTA PAUL S/O SHRI JATINDAR CH. PAUL R/O JUMABASTI WARD NO. 4 BADARPUR P.S. BADARPUR DIST. KARIMGANJ ASSAM.
5:JAYANTA PAUL S/O SHRI JATINDAR CH. PAUL R/O JUMABASTI WARD NO. 4 BADARPUR P.S. BADARPUR DIST. KARIMGANJ ASSAM
Advocate for the Petitioner : MR. P K ROY
Advocate for the Respondent : MR M R ADHIKARI
BEFORE HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 09-09-2019
Heard the learned counsel for the applicants.
By this application filed under Order XXII Rule 3 Sub-Rule 1 of the CPC, the legal heirs of the appellant No. 2 have prayed for substitution as the legal heirs of appellant No. 2, who died on 04.01.2019. It appears that the application has been filed within the time. Therefore, the petition is allowed.
Office to make necessary correction in the cause title of RSA No. 137 of 2011 by
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bringing the names of the legal representatives of the appellant No. 2 as mentioned in paragraph 3 of the application.
This disposes the application.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether to allow the application for substitution of legal heirs due to death of an appellant.
Whether to correct the cause title of the related appeal.
1 provisions across 1 enactments
ON THE DEATH OF JAGENDRA CHAKRABORTY HIS LEGAL HEIRS DIPTI CHAKRABORTY AND ANR
JATINDRA CHANDA PAUL and 4 ORS
MIR ALFAZ ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
