Allowed

Tarani Kanta Mandal and 4 Ors. v. on the Death of Jogendra Ch. Das His Legal Heir- Kusum Das and 5 Ors.

Gauhati HC6 Sept 2019I.A.(Civil)/3948/2017

Case brief

AI extract

What is this about?

This order allows three interlocutory applications seeking condonation of delay, setting aside abatement, and substitution of the legal representatives of the deceased respondent.

What did the court decide?

All three petitions for condonation of delay, setting aside abatement, and substitution of legal representatives are allowed.

Tarani Kanta Mandal and 4 Ors. Vs on the… — Civil Procedure and Limitation | Gauhati HC (2019)

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Page No.# 1/3

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GAHC010006042014

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

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Case : I.A.(Civil) 3946/2017

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1:TARANI KANTA MANDAL and 4 ORS

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VERSUS

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1:ON THE DEATH OF JOGENDRA CH. DAS HIS LEGAL HEIR- SMTI. KUSUM DAS and 5 ORS

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Advocate for the Petitioner : MR.A L MANDAL Advocate for the Respondent :

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Linked Case : I.A.(Civil) 3945/2017

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1:TARANI KANTA MANDAL and 4 ORS

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VERSUS

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1:ON THE DEATH OF JOGENDRA CH. DAS HIS LEGAL HEIR SMT. KUSUM DAS and 5 ORS

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Page No.# 2/3

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Advocate for the Petitioner : MR.A L MANDAL Advocate for the Respondent :

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Linked Case : I.A.(Civil) 3948/2017

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1:TARANI KANTA MANDAL and 4 ORS

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VERSUS

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1:ON THE DEATH OF JOGENDRA CH. DAS HIS LEGAL HEIR- KUSUM DAS and 5 ORS

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Advocate for the Petitioner : MR.A L MANDAL Advocate for the Respondent :

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BEFORE HONOURABLE MR. JUSTICE MIR ALFAZ ALI

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ORDER

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Date : 06-09-2019

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Heard Mr. P.C. Dey, learned counsel for applicant.

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These three interlocutory applications have been filed by the petitioner praying for substitution of the legal heirs of the respondent Jogendra Chandra Das (since deceased), setting aside abetment and for condonation of delay.

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The notices were duly served on the legal representatives of deceased respondent Jogendra Chandra Das. However, none appears for the respondents/ legal representatives of the said Jogendra Chandra Das.

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Having heard the learned counsel for the petitioner and also having considered the reasons for condoning the delay in preferring the connected petition, setting aside abatement

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Page No.# 3/3

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and substitution of the legal representatives of the deceased respondent, Jogendra Chandra Das, I am of the view, that in the facts and circumstances of the cases, all the three petitions deserve to be allowed.

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Accordingly, the condonation of delay, setting aside abatement and substitution of the legal representatives of the deceased respondent, Jogendra Chandra Das are allowed.

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Office to make necessary correction in MC Case No. 422/2014 accordingly by bringing on record the names of the legal representatives of the respondent Jogendra Chandra Das. Henceforth, list the MC Case No. 422/2014 reflecting the name of Mr. P.C. Das, as counsel for the petitioner.

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Comparing Assistant

Tarani Kanta Mandal and 4 Ors. v. on the Death of Jogendra Ch. Das His Legal Heir- Kusum Das and 5 Ors.

Case brief

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Tarani Kanta Mandal and 4 Ors. v. on the Death of Jogendra Ch. Das His Legal Heir- Kusum Das and 5 Ors.

Case brief

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What did the court decide?

What the court decided

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