This order grants an application for substitution of legal heirs for deceased Appellants in a connected appeal. The court deemed the application timely under a Supreme Court directive and directed registry amendments to the cause title.
Substituted Applicant Nos. 1-5 with Appellant Nos. 2 & 3; ordered registry to correct cause title.
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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GAHC010013422022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/253/2022
SOMELA BEGUM, W/O-LT. MINHAJ UDDIN,VILLAGE KAHIKUCHI, PO BHOUIRAGURI, P.S. AND DIST BARPETA, ASSAM, PIN-781311
2: FULL KHATUN W/O-LT. MINHAJ UDDIN W/O-SAHJAHAN ALI VILLAGE -JALKARA PO BHOUIRAGURI P.S. AND DIST BARPETA ASSAM PIN-781311
3: KANCHAN MALA BEGUM W/O-LT. MINHAJ UDDIN W/O-AYNAL HAQUE
VILLAGE -BAISHA PO BHOGDIA DIST BARPETA ASSAM PIN-781035
4: JAKIR ALI
W/O-LT. MINHAJ UDDIN VILLAGE KAHIKUCHI PO BHOUIRAGURI P.S. AND DIST BARPETA ASSAM PIN-781311
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W/O-IBRAHIM DEWAND/O-KAMALA KHATUN
VILLAGE - BHOUIRAGURI PAM P.O-BHOUIRAGURI DIST BARPETA ASSAM PIN-781311
6: BIMALA BEGUM
W/O-ILLIMUDDIN DEWAND/O-KAMALA KHATUN
VILLAGE - BHOUIRAGURI PAM P.O-BHOUIRAGURI DIST BARPETA ASSAM PIN-78131
VERSUS
CHANBAR KHALIFA AND ANR.
S/O LATE JABED ALI KHALIFA, RESIDENT OF VILLAGE KAHIKUCHI, MOUZA NAGAON, PO BHOUIRAGURI, PS AND DIST BARPETA, ASSAM
2:AYNA KHATUN W/O LATE JABED ALI KHALIFA
RESIDENT OF VILLAGE KAHIKUCHI
MOUZA NAGAON PO BHOUIRAGURI
PS AND DIST BARPETA ASSA
Advocate for the Petitioner : MR. M U MAHMUD
Advocate for the Respondent : MR. M AHMED
Linked Case : RSA/13/2019
SIRAJ UDDIN AND 3 ORS S/O LATE TOMEJ UDDIN
RESIDENT OF VILLAGE KAHIKUCHI
MOUZA NAGAON
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PO BHOUIRAGURI
P.S. AND DIST BARPETA ASSAM
2: MINHAJ UDDIN S/O LATE TOMEJ UDDIN
RESIDENT OF VILLAGE KAHIKUCHI
MOUZA NAGAON PO BHOUIRAGURI
PS AND DIST BARPETA ASSAM
3: KAMELA KHATUN W/O LATE TOMEJ UDDIN
RESIDENT OF VILLAGE KAHIKUCHI
MOUZA NAGAON PO BHOUIRAGURI
PS AND DIST BARPETA ASSAM
4: JAKIR HUSSAIN S/O LATE TOMEJ UDDIN
RESIDENT OF VILLAGE KAHIKUCHI
MOUZA NAGAON PO BHOUIRAGURI
PS AND DIST BARPETA ASSAM VERSUS
CHANBAR KHALIFA AND 4 ORS S/O LATE JABED ALI KHALIFA
RESIDENT OF VILLAGE KAHIKUCHI
MOUZA NAGAON PO BHOUIRAGURI PS AND DIST BARPETA
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ASSAM
2:AYNA KHATUN W/O LATE JABED ALI KHALIFA RESIDENT OF VILLAGE KAHIKUCHI
MOUZA NAGAON PO BHOUIRAGURI PS AND DIST BARPETA ASSAM 3:CHAN MIYA S/O LATE TOMEJ UDDIN (DEFENDENT NO. 2) RESIDENT OF VILLAGE KAHIKUCHI MOUZA NAGAON PO BHOUIRAGURI PS AND DIST BARPETA ASSAM 4:PARBINA BEGUM D/O LATE NUR ISLAM
RESIDENT OF VILLAGE KAHIKUCHI
MOUZA NAGAON PO BHOUIRAGURI PS AND DIST BARPETA ASSAM 5:SHA ALAM S/O LATE NUR ISLAM RESIDENT OF VILLAGE KAHIKUCHI
MOUZA NAGAON PO BHOUIRAGURI PS AND DIST BARPETA ASSAM -----------Advocate for : MR. M U MAHMUD Advocate for : MR M AHMED (R1 R2) appearing for CHANBAR KHALIFA AND 4 ORS
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BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 18.07.2022
Heard Mr. M.U. Mahmud, the learned counsel appearing on behalf on the applicant and Mr. K.U. Ahmed, the learned counsel appearing on behalf of the respondent.
This is an application under Order XXII Rule 4 of the Code of Civil Procedure, 1908 for substitution of the legal heirs of the Appellant No. 2 and Appellant No. 3 in the connected appeal. It has been mentioned in the application that the Appellant No. 3 had expired on 4/11/2020 and the Appellant No. 2 had expired on 3/10/2020.
Taking into account the order passed by the Supreme Court in Suo Moto Writ Petition (C ) No. 3/2020, the instant application is within time.
It further appears that the said applicants have a right to pursue the appeal against the respondents. Consequently, this Court therefore, substitute the Applicant No. 1, 2, 3 & 4 against the Appellant No. 2 and the Applicant No.5 & 6 against the Appellant No. 3 in the connected appeal. The Registry is directed to make necessary correction in the cause title of the connected appeal.
The instant IA stands disposed off accordingly.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the Special Leave Petitioners are within time to seek substitution for the deceased legal heirs of the Appellants under Order XXII Rule 4 CPC.
Whether the connected appeal should be amended to reflect the substitution of legal heirs.
Colour shows how this judgement treated each authority
1 provisions across 1 enactments
Somela Begum and 5 Ors
Chanbar Khalifa
Devashis Baruah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
