This order allowed an interim application to set aside the abatement of suit/conviction and substitute the legal heirs of the deceased respondent No.4, as the opposing counsel raised no objection.
Set aside of abatement and substitution of legal heirs of respondent No.4 to be allowed as respondents in the main appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/2
GAHC010152002006
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A 1163 of 2015
1:KAMALESWAR DEB and ORS
VERSUS
1:KALYANBRATA DEB and ORS.
Advocate for the Petitioner : MR.S A CHOUDHURY Advocate for the Respondent : MR.S K MEDHI
BEFORE
HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 06-09-2019
Heard Mr. AC Sarma, learned senior counsel for the petitioner.
By this application under Order XXII Rule 4 (1) read with Order XXII Rule 9 (2) CPC, the petitioner has prayed for setting aside abatement and substitution of legal heirs of respondent No.4.
Learned counsel for the legal heirs of the deceased respondent has no objection in allowing the application.
Having considered the submissions of the learned counsel for the respondent that he has no objection in allowing the application and the reason assigned in the petition, the abatement is set aside and the respondent Nos.4(a) to 4 (e) being the
Page No.# 2/2
legal heirs of deceased respondent No.4 are allowed to be substituted.
Office to make necessary correction in the cause title of the main appeal by impleading the legal heirs of respondent Nos.4(a) to 4 (e) as shown in the petition. The I.A stands disposed of.
J U D G E
Smita
Comparing Assistant
2 issues framed by the court
Whether abatement can be set aside by the court?
Whether legal heirs can be substituted as respondents in the main appeal?
2 provisions across 2 enactments
Kamaleswar Deb and Ors
Kalyanbrata Deb and Ors
Mir Alfaz Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
