The Court allowed an application under Order XXII Rule 3 CPC for substitution of legal heirs of appellant No.1 Afzal Hussain, deceased, with his wife, three sons, and daughter, naming them as new respondents.
The names of deceased appellant No.1's four legal heirs were substituted in place of Appellant No.1.
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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GAHC010185922023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2505/2023
ON THE DEATH OF AFJAL HUSSAIN HIS LEGAL HEIRS
1.1: AZIZUN NESSA W/O LATE AFZAL HUSSAIN R/O VILL. DALGAONKHUTI P.S. DALGAON DIST. DARRANG ASSAM.
1.2: ASIF RAJA HUSAIN
S/O LATE AFZAL HUSSAIN R/O VILL. DALGAONKHUTI P.S. DALGAON DIST. DARRANG ASSAM.
1.3: ZAKIA SALMA SAIFEE D/O LATE AFZAL HUSSAIN R/O VILL. DALGAONKHUTI P.S. DALGAON DIST. DARRANG ASSAM. 1.4: ANISA SAIFEE W/O LATE AFZAL HUSSAIN R/O VILL. DALGAONKHUTI P.S. DALGAON DIST. DARRANG ASSAM.
2: MD. TAFAJJAL HUSSAIN
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BOTH SONS OFSAHIRUDDIN AHMED VILL. DALGAONKHUTI P.S.DALGAON DIST.DARRANG ASSAM. VERSUS
MUSSTT. AMENA BIBI ALIAS KHATUN W/O LATE DILDAR ALI
1.3:MD. AMARUDDIN
S/O LATE DILDAR ALI BOTH R/O VILL. DALGAONKHUTI P.S. DALGAON DIST. DARRANG ASSAM.
1.4:MUSTT. JAMENA KHATUN
W/O HAJAR ALI VILL. CHAKARABASTI P.S. DALGAON DIST. DARRANG ASSAM.
-----------Advocate for : MR. A SATTAR Advocate for : MR H R A CHOUDHURY appearing for MUSSTT. AMENA BIBI ALIAS KHATUN
BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 08-11-2024
Heard Mr. Z. Mukit, learned counsel for the applicant/appellant also heard Ms. S. Das, learned counsel for the respondent Nos. 1,2 & 3.
This is an application under Order XXII Rule 3, read with Order I Rule 10(2) and Section 151 of the CPC, 1908 is preferred by the applicant for substitution of legal heirs of the appellant No.1 Afzal Hussain, who suffered demise on 13.05.2023, leaving behind four legal heirs which is reflected in the paragraph No.2 of the application, as respondent Nos. 1(a), 1(b), 1(c) and 1(d).
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The learned counsel for the respondents submits that she has no objection in impleading the legal heirs of the deceased appellant No.1.
In view of the submission of learned counsel for both the parties and also considering the facts and circumstance on the record, this petition stands allowed. The name of the legal heirs of the appellant No.1, namely, Azizun Nessa(wife) as 1(a), Asif Raja Hussain (son) as 1(b), Zakia Salma Saifee (Daughter) as 1(c), Anisa Saifee (Daughter) as 1(d) be substituted in place of appellant No.1.
The learned counsel for the applicant shall file amended cause-title within period of one week from today.
In terms of above, the I.A. Stands disposed of.
Registry to amend the cause-title.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the application for substitution of deceased legal heirs ought to be allowed.
1 provisions across 1 enactments
1.1: Azizun Nessa W/O Late Afzal Hussain; 1.2: Asif Raja Hussain; 1.3: Zakia Salma Saifee D/O Late Afzal Hussain; 1.4: Anisa Saifee W/O Late Afzal Hussain
2: MD. Taffajjal Hussain; Musstt. Amena Bibi Alias Khatun W/O Late Dildar Ali; MD. Amaruddin; Mustt. Jamena Khatun
Robin Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
