Applicants sought setting aside of abatement of a regular second appeal following the death of respondent No. 1, pleading delay due to late knowledge of the death. The court, with respondents not opposing, set aside the abatement and disposed of the interlocutory application.
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.# 1/4
GAHC010288012023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2020/2024
ULASHI DAS AND 3 ORS. W/O LATE KAMAL DAS RESIDENT OF KANWACHAL GUWAHATI PO SILPUKHURI PS CHANDMARI DIST KAMRUP M ASSAM 781003
2: SRI MANOJ KUMAR DAS S/O LATE KAMAL DAS RESIDENT OF KANWACHAL GUWAHATI PO SILPUKHURI PS CHANDMARI DIST KAMRUP M ASSAM 781003
3: SRI ANOJ DAS.
S/O LATE KAMAL DAS RESIDENT OF KANWACHAL GUWAHATI PO SILPUKHURI PS CHANDMARI DIST KAMRUP M ASSAM 781003
4: SMTI INDIRA DAS D/O LATE KAMAL DAS RESIDENT OF KANWACHAL GUWAHATI
PO SILPUKHURI PS CHANDMARI DIST KAMRUP M ASSAM 781003 VERSUS
Page No.# 2/4
ON THE DEATH OF LATE HEMENDRA NATH DEKA HIS LEGAL HEIRS
1.1:NEPOLIN DEKA
S/O LATE HEMENDRA NATH DEKA RESIDENT OF HOUSE NO. 43 KANWACHAL GUWAHATI PO SILPUKHURI PS CHANDMARI DIST KAMRUP M ASSAM 781003
1.2:MARVELIN DEKA S/O LATE HEMENDRA NATH DEKA RESIDENT OF HOUSE NO. 43 KANWACHAL GUWAHATI PO SILPUKHURI PS CHANDMARI DIST KAMRUP M ASSAM 781003
2:SRI RAJEN DEKA
S/O LATE NAGEN DEKA RESIDENT OF HOUSE NO. 43 KANWACHAL GUWAHATI PO SILPUKHURI PS CHANDMARI DIST KAMRUP M ASSAM 781003
3:ON THE DEATH OF RESPONDENT NO 3. KARUNA DEKA HIS LEGAL HEIRS SMTI JYOTSNA TALUKDAR WO LATE KARUNA DEKA R/O VILLAGE UTTAR DIMORIA PO DHOPGURI PS KHETRI DISTRICT KAMRUP ASSAM PIN 782403
4:SMTI KIRITI DEKA SINGHA DO LATE KARUNA DEKA R/O VILLAGE UTTAR DIMORIA PO DHOPGURI
Page No.# 3/4
PS KHETRI DISTRICT KAMRUP ASSAM PIN 782403
5:SRI MANIB RATNAM DEKA SO LATE KARUNA DEKA R/O VILLAGE UTTAR DIMORIA PO DHOPGURI PS KHETRI DISTRICT KAMRUP ASSAM PIN 782403 -----------Advocate for : MR. T DEURI Advocate for : MR. A SATTAR appearing for ON THE DEATH OF LATE HEMENDRA NATH DEKA
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 16.08.2024
Heard Mr. T. Deuri, learned counsel for the applicants. Also heard Mr. G. Imtiaz, learned counsel for the respondent Nos. 3(i) to 3(iii).
This application has been filed under Order XXII Rule 3(2) read with Section 151 of the Code of Civil Procedure, 1908 for setting aside the abatement of appeal on the death of the respondent No. 1, namely, Hemendra Nath Deka.
It is submitted by the learned counsel for the applicants that the respondent No. 1 had expired on 17.11.2023, however, due to communication gap, the said fact was not known to the learned counsel for the applicants and the applicants came to know about the death of the respondent No. 1 only on 15.05.2024 and thus there was a delay in filing the application for setting aside the abatement as well as for substituting the legal heirs of opposite party No. 1, namely, late Hemendra Nath Deka.
Page No.# 4/4
The learned counsel for the respondent Nos. 3(i) to 3(iii) who has not opposed the prayer for setting aside the abatement.
Considering the submissions made by the learned counsel for the parties as well as considering the grounds shown in the application, the abatement of the connected Regular Second Appeal No. 63/2022 against late Hemendra Nath Deka is hereby set aside and this interlocutory application is disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the abatement of Regular Second Appeal No. 63/2022 against the deceased respondent should be set aside despite delay in filing the application.
1 provisions across 1 enactments
Ulashi Das and 3 Ors.
Sri Manoj Kumar Das
Sri Anoj Das
Smti Indira Das
Nepolin Deka
Marvelin Deka
Mridul Kumar Kalita
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
