In this substitution application before the Gauhati High Court, the applicant sought to substitute legal heirs of respondent No. 4 who died during the pendency of the matter. The court allowed the substitution and disposed of the petition.
Substitution of legal heirs of deceased respondent No. 4 allowed.
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.
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GAHC010089192020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1228/2020
JAHIDUL ISLAM AND ANR. Address:S/O. ABU BAKKAR R/O DEORIKUCHI MOUZA-GHILAJERI P.S. AND DIST. BARPETA ASSAM. 2: NUR MOHAMMAD
Address:S/O. ABU BAKKAR R/O DEORIKUCHI MOUZA-GHILAJERI P.S. AND DIST. BARPETA ASSAM. VERSUS
ABU SHARMA AND 11 ORS. Address:S/O. LATE HAZI SAHEB ALI R/O. DEORIKUCHI MOUZA-GHILARAJI P.S. AND DIST. BARPETA 2:MD. ZAKIR HUSSAIN
Address:S/O MASER UDDIN VILL. SOHABIL DOLONI MOUZA NAGAON DIST. BARPETA
3:ABU BAKKAR MIA
Address:
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4:SULEMAN ALI
Address:RESPT. NOS. 3 TO 4 ARE S/O. OF LATE HAZI SAHEB ALI
5:ON THE DEATH OF FAZAL ALI HIS LEGAL HEIRS Address:BARPETA
5.1:BACHU MIA Address:S/O. LATE FAZAL ALI R/O. NO.1 TO 4 VILL. DEORIKUCHI MOUZA- GHILAZARI P.O. SONQUCHI DIST. BARPETA- 781314. 5.2:JAHANARA BEGUM Address:D/O. LATE FAZAL ALI R/O. NO.1 TO 4 VILL. DEORIKUCHI MOUZA- GHILAZARI P.O. SONQUCHI DIST. BARPETA- 781314.
5.3:NUR NEHAR Address:D/O. LATE FAZAL ALI R/O. NO.1 TO 4 VILL. DEORIKUCHI MOUZA- GHILAZARI P.O. SONQUCHI DIST. BARPETA- 781314.
5.4:HUSNIARA BEGUM Address:D/O. LATE FAZAL ALI R/O. NO.1 TO 4 VILL. DEORIKUCHI MOUZA- GHILAZARI P.O. SONQUCHI DIST. BARPETA- 781314.
5.5:JESMINA BEGAM Address:D/O. LATE FAZAL ALI R/O. NO.1 TO 4 VILL. DEORIKUCHI MOUZA- GHILAZARI P.O. SONQUCHI DIST. BARPETA- 781314.
6:ABDUL HAI
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Address:S/O FAZAL HAQUE PROFORMA RESPONDENT NOS. 3 TO 6 ARE R/O. NO. 1 - 4 VILL. DEORIKUCHI MOUZA- GHILAZARI P.O. SONQUCHI DIST. BARPETA- 781314
7:BASATAN NESSA
Address:W/OABDUL GOUFUR
8:ASTAN NESSA
Address:W/O ABDUL KARIM PROFORMA RESPT. NOS. 7 TO 8 ARE R/O. NO. 5 TO 6 VILL. KUKILA KHATAGHAT PARGANA DIST. BONGAIGAON- 783380
9:ABDUL KADER Address:S/O PALU BEPARI R/O. VILL. DANGARKUCHI GHILAJARI DIST. BARPETA- 781301
10:ABDUL WAHAB MIA
Address:S/O ABDUL GAFUR
11:AKRAM HUSSAIN
Address:S/O HAZI KADAM ALI
12:ABU SAMA Address:S/O LATE HAZI SAHEB ALI PROFORMA RESPONDENTS R/O. VILL. ADITPUR TITAPANI MOUZA BAGHBAR DIST. BONGAIGAON- 783380. -----------Advocate for : MR G N SAHEWALLA Advocate for : MR. A R SIKDAR appearing for ABU SHARMA AND 11 ORS.: Advocate ,
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, appearing for 2,
3,
4,
5,
5.1,
5.2,
5.3,
5.4,
5.5,
6,
7,
8,
9,
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10,
11,
12, respectively.
BEFORE
THE HON’BLE MR. JUSTICE PRASANTA KUMAR DEKA ORDER
01.12.2020.
Heard Ms. S. Kataki, the learned counsel for the applicants. Also heard Mr. A. R. Sikdar, the learned counsel for the respondent No. 5.
It is submitted by Ms. Kataki that one of the legal heirs namely Abdul Hai of the deceased respondent No. 4 is already impleaded as respondent No. 6. However, the rest of the legal heirs of the deceased respondent No. 4 whose names are shown in the petition are required to be substituted on the death of respondent No. 4:-
The said respondent No. 4 died on 04.06.2020 and this substitution petition is filed well within the time. Accordingly, the said legal heirs of the deceased respondent No. 4 are allowed to be substituted.
Accordingly, this petition stands disposed of.
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JUDGE
Comparing Assistant
1 issue framed by the court
Whether the legal heirs of the deceased respondent No. 4 should be substituted in the application.
Jahidul Islam and Anr.
Abu Sharma and 11 Ors.
Prasanta Kumar Deka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
