In IA(Civil)/636/2023, the Gauhati High Court allowed an application to substitute the legal heirs of the deceased sole appellant in an appeal under Order 22 Rule 3 CPC.
Substitution of legal heirs of deceased appellant in title page of memo of appeal.
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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GAHC010047342023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/636/2023
ON THE DEATH OF BHOGIRAM MEDHI HIS LEGAL HEIRS
1.1: SHANTI RAM MEDHI S/O LT BHOGIRAM MEDHI R/O VILL-AZARA P.O. AND P.S.-AZARA DIST-KAMRUP ASSAM PIN-781017
1.2: LOHIT MEDHI S/O LT BHOGIRAM MEDHI R/O VILL-AZARA P.O. AND P.S.-AZARA DIST-KAMRUP ASSAM PIN-781017
1.3: ANUKUL MEDHI S/O LT BHOGIRAM MEDHI R/O VILL-AZARA P.O. AND P.S.-AZARA DIST-KAMRUP ASSAM PIN-781017
1.4: GHANASHYAM MEDHI S/O LT BHOGIRAM MEDHI R/O VILL-AZARA P.O. AND P.S.-AZARA DIST-KAMRUP ASSAM PIN-78101
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VERSUS
ON THE DEATH OF BHARAT CHANDRA DAS HIS LEGAL HEIRS
1.1:SMTI. RIMA DAS W/O LATE BHARAT CH. DAS R/O VILL-BHATTAPARA MOUZA-RAMCHARANI P.S.-AZARA DIST-KAMRUP ASSAM 1.2:DHRUBAJYOTI DAS S/O LATE BHARAT CH. DAS R/O VILL-BHATTAPARA MOUZA-RAMCHARANI P.S.-AZARA DIST-KAMRUP ASSAM 1.3:RUPJYOTI DAS S/O LATE BHARAT CH. DAS R/O VILL-BHATTAPARA MOUZA-RAMCHARANI P.S.-AZARA DIST-KAMRUP ASSAM (BEING MINOR REPRESENTED BY HIS MOTHER
Advocate for the Petitioner : MR. SHEELADITYA
Advocate for the Respondent :
:: BEFORE ::
HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA
O R D E R
03.05.2023
Heard Mr. Sheeladitya, the learned counsel appearing for the
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applicant.
This is an application under Order 22 Rule 3 of the Code of Civil Procedure praying for substitution of the legal heirs of the sole deceased appellant Lt. Bhogiram Medhi who expired on 02.11.2022.
The present application has been filed within time. The names of legal heirs of the appellant are mentioned in paragraph 2 of the application. They shall be impleaded in place of the deceased appellant in the title page of the memo of appeal.
With the aforesaid direction, the Interlocutory Application stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the legal heirs of the deceased appellant Lt Bhogiram Medhi should be impleaded in place of him in the ongoing appeal.
1 provisions across 1 enactments
Shanti Ram Medhi S/O Lt Bhogiram Medhi; Lohit Medhi S/O Lt Bhogiram Medhi; Anukul Medhi S/O Lt Bhogiram Medhi; Ghanashyam Medhi S/O Lt Bhogiram Medhi
On the Death of Bharat Chandra Das His Legal Heirs
Parthivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
