An interim application praying to set aside abatement of a decree due to the death of the sole appellant and allow substitution of legal heirs was allowed. The respondent raised no objection.
The prayer to set aside abatement and allow substitution of legal heirs was permitted.
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.# 1/3
GAHC010030242020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
I.A.(Civil)/437/2020
ON THE DEATH OF KHUMBA DAS HIS LEGAL HEIRS NIVA DAS AND 4 ORS D/O LT. KHUMBHA DAS W/O SRI SANUBHATI DAS R/O JANKHANA TELIA GAON P.O. KALYANI MOUZA HEZARI DIST. JORHAT
2: AKONMANI DAS D/O LT. KHUMBHA DAS W/O SRI PRADIP GOGOI R/O JANKHANA TELIA GAON P.O. KALYANI MOUZA HEZARI DIST. JORHAT
3: SMTI JAN DAS D/O LT. KHUMBHA DAS W/O SRI BHAI DAS R/O JANKHANA TELIA GAON P.O. KALYANI MOUZA HEZARI DIST. JORHAT
4: MAJONI DAS D/O LT. KHUMBHA DAS W/O SRI DURGESWAR DAS R/O JANKHANA TELIA GAON P.O. KALYANI MOUZA HEZARI
Page No.# 2/3
DIST. JORHAT
5: JUNTI DAS D/O LT. KHUMBHA DAS W/O SRI JITEN DAS R/O JANKHANA TELIA GAON P.O. KALYANI MOUZA HEZARI DIST. JORHAT VERSUS JALIBAR DAS and ANR. S/O LT. LILAWATI DAS R/O JANKHANA TELIAGAON P.O. KALYANI MOUZA HAZARIKA DIST. JORHAT 2:FIRINGI DAS W/O DINA DAS R/O JANKHANA TELIAGAON JORHAT -----------Advocate for : MR. K BHATTACHARJEE Advocate for : MR G N SAHEWALLA appearing for JALIBAR DAS and ANR.
BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 06-12-2021
Heard Mr. K. Bhattacharjee, learned counsel for the applicant and Ms. S. Katakey, learned counsel for the respondent No. 1.
The present application is filed under Order 22 Rule 9 of the Code of Civil Procedure praying for setting aside abatement in view of death of the sole appellant and not substituting his legal heirs within time.
Page No.# 3/3
Ms. Katakey, learned counsel for the respondent No. 1, in her usual fairness submits that she would have no objection if the prayer of the applicant is allowed.
On the basis of the submission made by the learned counsel for the parties, the prayer of applicant is allowed.
I.A. stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether a prayer to set aside abatement and allow substitution of legal heirs should be allowed in late filing.
1 provisions across 1 enactments
On the death of Khumba Das his legal heirs Niva Das and 4 ors
Jalibar Das
Parthivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
