Disposed

On the Death of Pabitra Baruah His Legal Heirs Arati Baruah v. Smti. Sabitri Rani Ghosh

Gauhati HC4 Apr 2024I.A.(Civil)/626/2024

Case brief

AI extract

What is this about?

Interlocutory applications in a pending regular second appeal sought condonation of delay, setting aside of abatement, and substitution of the deceased sole appellant's legal heirs. Citing a Constitution Bench judgment, the court allowed all applications and directed filing of a fresh memo of parties.

What did the court decide?

Delay condoned; abatement set aside; legal heirs substituted as appellant Nos.1(i)-(iv); fresh memo of parties to be filed by 10.04.2024.

On the Death of Pabitra Baruah His Legal Heirs Arati… — Property and Title | Gauhati HC (2024)

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GAHC010023762024

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil)/626/2024

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ON THE DEATH OF PABITRA BARUAH HIS LEGAL HEIRS ARATI BARUAH AND ORS

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2: SMT. ARATI BARUAH

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W/O- LATE PABITRA BARUAH R/O- NEC ROAD NEAR MAIRAPUR M E SCHOOL RANI MAIRAPUR P.O. RANI DIST. KAMRUP ASSAM PIN 781131.

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3: SRI CHETANDEEP BARUAH

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S/O- LATE PABITRA BARUAH R/O- NEC ROAD NEAR MAIRAPUR M E SCHOOL RANI MAIRAPUR P.O. RANI DIST. KAMRUP ASSAM PIN 781131.

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4: SRI PARIKHEET BARUAH

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S/O- LATE PABITRA BARUAH R/O- NEC ROAD NEAR MAIRAPUR M E SCHOOL RANI MAIRAPUR

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Page No.# 2/8

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P.O. RANI DIST. KAMRUP ASSAM PIN 781131.

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5: SMT. GEETASHREE BARUAH GOHAIN W/O SRI DEEP GOHAIN R/O KHETOGUTIBARIGAON DULIAJAN GAON TINSUKIA ASSAM PIN 786170

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VERSUS

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SMTI. SABITRI RANI GHOSH W/O- SRI BHAJAN CHANDRA GHOSH, R/O- BISHNUPUR, GUWAHATI, MOUZA- BELTOLA, DIST.- KAMRUP(M), ASSAM, PIN- 781028.

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Advocate for the Petitioner : MR. A C SARMA

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Advocate for the Respondent :

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Linked Case : RSA/145/2019

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SRI PABITRA BARUAH S/O- LATE PHANINDRA NATH BARUA R/O- GANESHPARA GUWAHATI MOUZA- BELTOLA DIST.- KAMRUP(M) ASSAM PIN- 781025.

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VERSUS

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SMTI. SABITRI RANI GHOSH AND 7 ORS. W/O- SRI BHAJAN CHANDRA GHOSH R/O- BISHNUPUR GUWAHATI

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MOUZA- BELTOLA DIST.- KAMRUP(M) ASSAM PIN- 781028. 2:SASHINDRA PATHAK S/O- LATE THANURAM PATHAK R/O- VILL.- MAKHIBAHA MOUZA AND P.S. TIHU DIST.- NALBARI ASSAM PIN- 781374. 3:STRUCK OFF VIDE HONBLE COURTS ORDER DTD 04.12.2019 PASSED IN RSA NO. 145/2019 4:STRUCK OFF VIDE HONBLE COURTS ORDER DTD 04.12.2019 PASSED IN RSA NO. 145/2019 5:STRUCK OFF VIDE HONBLE COURTS ORDER DTD 04.12.2019 PASSED IN RSA NO. 145/2019 6:SRI SATYENDRA NATH PHUKAN S/O- LATE PULIN RAM PHUKAN R/O- BHARALUMUKH MOUZA- GUWAHATI DIST.- KAMRUP(M) ASSAM PIN- 781009. 7:STRUCK OFF VIDE HONBLE COURTS ORDER DTD 04.12.2019 PASSED IN RSA NO. 145/2019 8:SMT. BIMALA DAS THAKURIA W/O- HEM THAKURIA R/O- VILL.- KALUBARI MOUZA- NAGARBERA DIST.- KAMRUP(M) ASSAM PIN- 781127. -----------Advocate for : MR. A C SARMA Advocate for : MS. B BHUYAN appearing for SMTI. SABITRI RANI GHOSH AND 7 ORS.

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Linked Case : I.A.(Civil)/627/2024

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ON THE DEATH OF PABITRA BARUAH HIS LEGAL HEIRS ARATI BARUAH AND ORS

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VERSUS

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SMTI. SABITRI RANI GHOSH

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W/O- SRI BHAJAN CHANDRA GHOSH R/O- BISHNUPUR GUWAHATI MOUZA- BELTOLA DIST.- KAMRUP(M) ASSAM PIN- 781028.

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-----------Advocate for : MR. A C SARMA Advocate for : appearing for SMTI. SABITRI RANI GHOSH

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Linked Case : I.A.(Civil)/625/2024

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ON THE DEATH OF PABITRA BARUAH HIS LEGAL HEIRS ARATI BARUAH AND ORS

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2: SMT. ARATI BARUAH

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W/O- LATE PABITRA BARUAH R/O- NEC ROAD NEAR MAIRAPUR M E SCHOOL RANI MAIRAPUR P.O. RANI DIST. KAMRUP ASSAM PIN 781131.

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3: SRI CHETANDEEP BARUAH

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S/O- LATE PABITRA BARUAH R/O- NEC ROAD NEAR MAIRAPUR M E SCHOOL RANI MAIRAPUR P.O. RANI DIST. KAMRUP ASSAM PIN 781131.

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4: SRI PARIKHEET BARUAH

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S/O- LATE PABITRA BARUAH R/O- NEC ROAD NEAR MAIRAPUR M E SCHOOL RANI MAIRAPUR P.O. RANI DIST. KAMRUP ASSAM PIN 781131.

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5: SMT. GEETASHREE BARUAH GOHAIN W/O SRI DEEP GOHAIN R/O KHETOGUTIBARIGAON DULIAJAN GAON TINSUKIA ASSAM PIN 786170. VERSUS SMTI. SABITRI RANI GHOSH W/O- SRI BHAJAN CHANDRA GHOSH R/O- BISHNUPUR GUWAHATI MOUZA- BELTOLA DIST.- KAMRUP(M) ASSAM PIN- 781028.

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-----------Advocate for : MR. A C SARMA Advocate for : appearing for SMTI. SABITRI RANI GHOSH

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BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

ORDER

05.04.2024

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All these applications are taken up together by this common order taking into account that the matters pertain to condonation of delay, setting aside abetment, as well as for substitution of legal representatives of the sole appellant.

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I have heard Mr. G Bharadwaj, the learned counsel appearing on behalf of the appellant/applicants and Mr. T Gogoi, the learned counsel appearing on behalf of the respondent.

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This Court has also seen the grounds which have been assigned in the application for condonation of delay in filing the application for setting aside abetment as well as for filing the application for substitution of the legal representatives of the sole appellant.

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This Court has also taken note of the judgment of the constitution Bench judgment of the Supreme Court in the case of Sardar Amarjit Singh Karla (dead) by LRs & Ors. Vs. Smti Pramod Gupta (dead) by LRs. & Ors. reported in (2003) 3 SCC 272 wherein the Supreme Court had observed at paragraph 26 that the laws of procedure are meant to regulate effectively, assist and aid the object of doing substantial and real justice and not to foreclose even an adjudication on merits of substantial rights of citizen under personal, property and other laws. Procedure has always been viewed as the handmaid of justice and not meant to hamper the cause of justice or sanctify miscarriage of justice. A careful reading of the provisions contained in Order XXII of CPC as well as the subsequent amendments thereto as per the Supreme Court would lend credit and support to

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the view that they were devised to ensure their continuation and culmination into an effective adjudication and not to retard the further progress of the proceedings and thereby non-suit the others similarly placed as long as their distinct and independent rights to property or any claim remain intact and not lost forever due to the death of one or the other in the proceedings. The provisions contained in Order XXII are not to be construed as a rigid matter of principle but must ever be viewed as a flexible tool of convenience in the administration of justice.

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In the backdrop of the above proposition of law as laid down by the Constitution Bench judgment of the Supreme Court in the case of Sardar Amarjit Singh Karla (supra) and applying the same to the facts as narrated hereinabove, this Court is of the view that this is a fit case wherein the delay is required to be condoned on the materials which are placed before this Court and consequently, on condoning the delay, the abetment which had occurred on account of not filing the substitution be set aside and thereupon to substitute the legal representatives of the sole appellant. Accordingly, all the applications which are before this Court stand allowed and thereby the delay is condoned, the abetment is set aside in so far as the sole appellant is concerned and the legal representatives of the sole appellant, whose name appears at paragraph 1 of IA(C)No.625/2024 be substituted against the name of the sole appellant as appellant Nos.1(i), 1(ii), 1(iii) and 1(iv) respectively.

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All the interlocutory applications, accordingly, stand disposed of.

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The appellants are directed to file a fresh memo of parties before the Registry of this Court by 10.04.2024 and on the basis of the instant order as well as the fresh memo of parties, the Registry shall make the necessary corrections in the cause-title of the Memo of appeal and also update the same in the CIS.

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JUDGE

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Comparing Assistant

On the Death of Pabitra Baruah His Legal Heirs Arati Baruah v. Smti. Sabitri Rani Ghosh

Case brief

What is this about?

What did the court decide?

On the Death of Pabitra Baruah His Legal Heirs Arati Baruah v. Smti. Sabitri Rani Ghosh

Case brief

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