Single judge order allowed an interlocutory application for substitution of legal heirs after the death of appellant No. 1 during the pendency of appeal RSA 90/2018, directing registry corrections.
Interlocutory application for substitution of legal heirs allowed; cause title to be corrected.
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GAHC010159892018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 2742/2018
1:SON THE DEATH OF PRANESWARI TALUKDAR, HER LEGAL HEIRS AND 3 ORS
R/O VILL. TITKAGARIA, MOUZA-SARIHA, DIST.-BARPETA, ASSAM, PIN781325
1.1: TRIDIP TALUKDAR
S/O LATE NARANARAYAN TALUKDAR R/O VILL-TITKAGARIA MOUZA-SARIHA DIST-BARPETA ASSAM PIN-781325
1.2: PHUL TALUKDAR
S/O LATE NARANARAYAN TALUKDAR R/O VILL-TITKAGARIA MOUZA-SARIHA DIST-BARPETA ASSAM PIN-781325
1.3: ANU TALUKDAR
D/O LATE NARANARAYAN TALUKDAR W/O LATE PRADIP TALUKDAR R/O VILL-TITKAGARIA MOUZA-SARIHA DIST-BARPETA ASSAM PIN-781325
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S/O LATE DEBEN TALUKDAR R/O VILL. TITKAGARIA MOUZA SARIHA DIST. BARPETA ASSAM PIN 781325
3: DR. KIRAN TALUKDAR S/O LATE NARANARAYAN TALUKDAR R/O VILL. TITKAGARIA MOUZA SARIHA DIST. BARPETA ASSAM PIN 781325
4: ULUPI TALUKDAR W/O LATE DEBEN TALUKDAR R/O VILL. TITKAGARIA MOUZA SARIHA DIST. BARPETA ASSAM PIN 78132
VERSUS
1:PHANI TALUKDAR
S/O LATE KESHAB TALUKDAR, R/O BHAGADUTTAPUR, KAHILIPARA, GUWAHATI, DIST. KAMRUP (M), ASSAM, PIN-781019
Advocate for the Petitioner : MR. U K DAS (P1.1, 1.2 & 1.3) Advocate for the Respondent : MR. R J BORDOLOI
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
O R D E R
05.02.2020
Heard Mr. U.K. Das, learned counsel for the applicants and Mr. R Ali, learned counsel for the opposite party.
During the pendency of RSA 90/2018, the appellant No.1 therein died on 27.04.2018. On his death, the interlocutory application 2742/2018 for substitution of the legal heirs was
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filed on 24.07.2018. Both the parties agree that the application was filed within the prescribed limitation.
At the time when the appellant No.1 died, his right to sue or to be sued survived and consequently his legal heirs are required to be substituted. The appellant No.1 died leaving behind the following legal heirs:-
Dr Kiran Talukdar, Sri Tridip Talukdar, Sri Phul Talukdar and Smti Anu Talukdar. Accordingly, Dr Kiran Talukdar, Sri Tridip Talukdar, Sri Phul Talukdar and Smti Anu Talukdar.
All the aforesaid legal heirs are impleaded as appellants No.1(a), 1(b), 1(c) and 1(d) respectively in RSA 90/2018.
Registry to incorporate the necessary correction in the cause title of the RSA 90/2018. Interlocutory application stands allowed in the above manner.
JUDGE
Comparing Assistant
Son on the Death of Praneswari Talukdar, Her Legal Heirs and 3 Ors.
Phani Talukdar
Achintya Malla Bujor Barua
As recorded by the court registry
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