The Gauhati High Court upheld the abatement of the civil petition because the petitioner died and no steps were taken to substitute his legal representative.
The interim order was vacated and the trial court directed to proceed with the adjudication of the lis.
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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GAHC010030712016
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP/425/2016
SWAPAN DEB
S/O LT. MUKHADA CHARAN DEB, R/O RADHAMADHAV NAGAR, WEST BANK OF MANDIRDINGHI, P.O. and P.S. SILCHAR, DIST- CACHAR, ASSAM
VERSUS
MAKHAN CHANDRA PAUL and 10 ORS. S/O LT. RAJANI KANTA PAUL, R/O RADHAMADHAV NAGAR, WEST BANK OF MANDIRDIGHI, P.O. and P.S. SILCHAR, DIST- CACHAR, ASSAM
2:AJOY KR. DEB S/O LT. ANANDA CHARAN DEB LANE NO.3 LINK ROAD SILCHAR-788006 DIST- CACHAR ASSAM
3:DULU DEB S/O LT. ANANDA CHARAN DEB R/O RADHAMADHAV NAGAR P.O. and P.S. SILCHAR DIST- CACHAR ASSAM
4:MAKHAN CHANDRA DEB S/O LT. ANANDA CHARAN DEB R/O RADHAMADHAV NAGAR P.O. and P.S. SILCHAR DIST- CACHAR ASSAM
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5:BASANA DEB W/O LT. MUKUL DEB R/O RADHAMADHAV NAGAR P.O. and P.S. SILCHAR DIST- CACHAR ASSAM
6:MOU DEB D/O LT. MUKUL DEB R/O RADHAMADHAV NAGAR P.O. and P.S. SILCHAR DIST- CACHAR ASSAM
7:SOMA DEB W/O SRI SAJAL DUTTA R/O DAS COLONY PURBASA COMPLEX SILCHAR-788005 DIST- CACHAR ASSAM
8:BHASKAR DEB S/O LT. KUKUNDA CHARAN DEB R/O RADHAMADHAV NAGAR WEST BANK OF MANDIRDIGHI P.O. and P.S. SILCHAR DIST- CACHAR ASSAM
9:MIRA DEB W/O LT. KANAI BHUSAN DEB R/O SWAPANPUR KATLICHERRA P.O. KATLICHERRA DIST- HAILAKANDI ASSAM 10:GITA DEB W/O SRI NIBESH BHUSAN DEY R/O AMTOLA LOTAKANDI P.O. LOTAKANDI KATLICHERRA DIST- HAILAKANDI ASSAM 11:MUMPI DEY
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W/O SRI BIBHASH BHUSAN DEY R/O RLY. COLONY BADARPUR P.O. BADARPUR DIST- KARIMGANJ ASSA
Advocate for the Petitioner : MR.S HAZARIKA
Advocate for the Respondent : MR.N DHARR-1
BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 17-11-2021
Heard Mr. D. Chakrabarty, the learned counsel appearing for the petitioner and Mr. S. Das Gupta, the learned counsel appearing for the respondent No. 1.
It has been brought to the notice of this Court that the petitioner Swapan Deb had expired and this aspect of the matter was also brought to the attention of this Court earlier. On 08/10/2020 the counsel for the petitioner sought for time to substitute the deceased petitioner, however no such steps have been taken. Accordingly, the instant petition abates.
The interim order passed earlier stands vacated and the Trial Court shall proceed with the adjudication of the lis, if permissible under the law.
Send the LCR.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petition abates due to the death of the petitioner without substitution.
Swapan Deb
Makhanchandra Paul
Devashis Baruah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
