Allowed

National Insurance Co. Ltd. v. on the Death of Sri Biku Bhuyan, His Legal Heir Smti. Rumi Bhuyan

Gauhati HC11 Mar 2019I.A.(Civil)/2941/2018

Case brief

AI extract

What is this about?

This judgment is a single-paragraph order allowing orders to condone a delay of 859 days in filing an application for substitution of a legal heir and to set aside the abatement of an appeal due to failure to do so, finding sufficient explanation for the delay.

What did the court decide?

Both applications under IA No. 2941/2018 and IA (C) No. 2942/2018 are allowed.

National Insurance Co. Ltd. Vs on the Death… — Civil Procedure and Limitation | Gauhati HC (2019)

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Page No.# 1/3

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GAHC010151142018

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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) 2941/2018

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1:NATIONAL INSURANCE CO. LTD.

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A COMPANY REGISTERED AND INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT 3, MIDDLETON STREET, KOLKATA, AND ONE OF ITS REGIONAL OFFICE AT G.S. ROAD, BHANGAGARH, GUWAHATI-5, REP. BY ITS CHIEF REGIONAL MANAGER, GUWAHATI, ASSAM

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VERSUS

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1:ON THE DEATH OF SRI BIKU BHUYAN, HIS LEGAL HEIR SMTI. RUMI BHUYAN W/O- LATE BIKU BHUYAN

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R/O- BORDOLOI NAGAR, TINSUKIA TOWN, NEAR INCOME TAX OFFICE (TENANT OF DR. G.C. BORDOLOI), P.O. AND P.S., AND DIST.- TINSUKIA, ASSAM

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Advocate for the Petitioner : MRS. S ROY

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Advocate for the Respondent : MR. T C CHUTIA

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Linked Case : I.A.(Civil) 2942/2018

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1:NATIONAL INSURANCE CO. LTD.

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A COMPANY REGISTERED AND INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT 3 MIDDLETON STREET KOLKATA AND ONE OF ITS REGIONAL OFFICE AT G.S. ROAD

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Page No.# 2/3

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BHANGAGARH GUWAHATI-5 REP. BY ITS CHIEF REGIONAL MANAGER GUWAHATI ASSAM

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VERSUS

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1:ON THE DEATH OF SRI BIKU BHUYAN HIS LEGAL HEIR SMTI. RUMI BHUYAN W/O- LATE BIKU BHUYAN R/O- BORDOLOI NAGAR TINSUKIA TOWN NEAR INCOME TAX OFFICE (TENANT OF DR. G.C. BORDOLOI) P.O. AND P.S. AND DIST.- TINSUKIA ASSAM

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Advocate for the Petitioner : MRS. S ROY Advocate for the Respondent : MR. T CHUTIA

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BEFORE

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HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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Date : 11-03-2019

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Heard Ms. I. Das, learned counsel for the applicant. I have also heard Mr. A. K. Gupta, learned counsel representing the opposite party.

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IA No. 2941/2018 has been filed with a prayer to condone the delay of 859 days in filing the application for substitution whereas IA (C) No. 2942/2018 has been filed with a prayer to set aside the abatement of the appeal due to non-substitution of the legal heirs of respondent no.1.

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Since both the applications are founded on similar grounds, I propose to dispose of the same by this common order.

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It appears from the record that the respondent no.1 in the appeal had died on 09/10/2015 during the pendency of MFA 79/2012. However, due to lack of knowledge regarding the death of the said respondent, the application for substitution could not be filed.

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Page No.# 3/3

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Ms. Das submits that the learned counsel for the respondents has not given the intimation to this Court regarding the death of his client.

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Mr. Gupta, learned counsel for the opposite party on the other hand submits that he has no instruction to file any objection opposing the prayer made in this application and, therefore, would have no objection if the prayer for condonation of delay and for setting aside the abatement of the appeal is allowed by this Court.

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Taking note of the statements made by the applicant and the submission of the learned counsel for both the parties, I am of the view that the applicant has succeeded in furnishing sufficient explanation for the delay of 859 days in filing the application for substitution. Therefore, this is a fit case for condoning the delay and also for setting aside the abatement.

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Ordered accordingly.

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Both the I.As stand allowed.

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JUDGE

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Sukhamay

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Comparing Assistant

National Insurance Co. Ltd. v. on the Death of Sri Biku Bhuyan, His Legal Heir Smti. Rumi Bhuyan

Case brief

What is this about?

What did the court decide?

National Insurance Co. Ltd. v. on the Death of Sri Biku Bhuyan, His Legal Heir Smti. Rumi Bhuyan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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