This order grants an application under Order XXII Rule 3 CPC to substitute the deceased petitioner, Sunil Kumar, with his legal heir and wife, Alka Yadav, in pending writ proceedings without objection from respondents.
The name of the petitioner Sunil Kumar to be substituted by his wife/legal heir Smti. Alka Yadav.
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GAHC010101512024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2047/2024
ON THE DEATH OF LATE SUNIL KUMAR
HIS LEGAL HEIRS SMT. ALKA YADAV W/O LATE SUNIL KUMAR R/O A/7 MAHESH GARDEN BAHADURGARH ROAD NAJAFGARH NEW DELHI-110043.
VERSUS
THE UNION OF INDIA AND 4 ORS.
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS NORTH BLOCK NEW DELHI 110001
2:THE DIRECTORATE GENERAL CRPF BLOCK NO. 1 CGO COMPLEX LODHI ROAD NEW DELHI 110003
3:THE SPECIAL DIRECTOR GENERAL NORTH EASTERN ZONE CRPF AMERIGOG 9TH MILE GUWAHATI ASSAM 781023
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4:THE INSPECTOR GENERAL NORTH EAST SECTOR CRPF STONEY HAVEN BISHOP COTTON ROAD SHILLONG MEGHALAYA 793001 5:THE DEPUTY INSPECTOR GENERAL RANGE HEADQUARTERS CRPF DAYAPUR SILCHAR ASSAM 788030 -----------Advocate for : MS T WAPANGLA Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 4 ORS.
BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG
ORDER
Date : 07-08-2024
Heard Mr. R. Deka, learned counsel for the applicant. Also heard Mr. A. K. Dutta, learned counsel for all the respondents.
This is an application under Order XXII Rule 3 of the Code of Civil Procedure, praying for substitution of the petitioner (since deceased) by his legal representative in WP(C)/4051/2020.
It is submitted that during the pendency of the writ petition, the petitioner Sunil Kumar (901710135 Insp./Steno) expired on 19.07.2022 leaving behind the applicant herein. As such, the applicant prays for substitution of the petitioner, Sunil Kumar (since deceased) by his wife/legal heir, Smti. Alka Yadav, resident of A/7, Mahesh Garden, Bahadurgarh Road, Najafgarh, New Delhi-110043.
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The prayer for substitution has not been objected by the learned counsel for the respondent.
Accordingly, the prayer is allowed.
Let the name of the petitioner, Sunil Kumar (since deceased) be substituted by his wife/legal heir, Smti. Alka Yadav, resident of A/7, Mahesh Garden, Bahadurgarh Road, Najafgarh, New Delhi-110043.
The Registry to do the needful.
With the above, this IA stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the legal heir of the deceased petitioner can be substituted in the pending writ petition under Order XXII Rule 3 CPC.
1 provisions across 1 enactments
Alka Yadav (W/o Late Sunil Kumar)
Union of India
Directorate General CRPF
Special Director General North Eastern Zone CRPF
Inspector General North East Sector CRPF
Deputy Inspector General Range Headquarters CRPF
Budi Habung
As recorded by the court registry
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