Insurance company sought substitution of the legal heirs of respondent No.1, who died during pendency of an appeal, under Order XXII Rule V CPC. Unopposed by respondents; application allowed and father and mother substituted as respondents 1(a) and 1(b).
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GAHC010037062020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/701/2020
THE NATIONAL INSURANCE COMPANY LIMITED REGISTERED HEAD OFFICE AT 3, MIDDLETON STREET, CALCUTTA700071, REPRESENTED BY THE MANAGER, GAUHATI REGIONAL OFFICE, BHANGAGARH GUWAHATI-781005
VERSUS
ON THE DEATH OF NIRMAL TALUKDAR, HIS LEGAL HEIR GOPAL CH TALUKDAR and ORS. LEGAL HEIRS 1.1:GOPAL CHANDRA TALUKDAR (FATHER) S/O. LT. MAYANA RAM TALUKDAR R/O. TIHU TOWN WARD NO.3 P.O. AND P.S. TIHU DIST. NALBARI ASSAM PIN-781371. 1.2:CHANDRA BALA TALUKDAR (MOTHER) W/O. GOPAL CHANDRA TALUKDAR R/O. TIHU TOWN WARD NO.3 P.O. AND P.S. TIHU DIST. NALBARI ASSAM PIN-781371. 2:RANJIT TALUKDAR (OWNER) S/O LT. ANIRUDHA TALUKDAR R/O TIHU TOWN WARD NO. 3
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P.O. and P.S. TIHU DIST. NALBARI ASSAM PIN - 781371
3:PARTHA PRATIM TALUKDAR (DRIVER) S/O SRI RANJI TALUKDAR R/O TIHU TOWN WARD NO. 3 P.O. and P.O. TIHU DIST. NALBARI ASSAM PIN - 781371
Advocate for the Petitioner : MS R D MAZUMDAR
Advocate for the Respondent : MR. B K JAIN
Linked Case : I.A.(Civil)/703/2020
THE NATIONAL INSURANCE COMPANY LIMITED REGISTERED HEAD OFFICE AT 3 MIDDLETON STREET CALCUTTA-700071 REPRESENTED BY THE MANAGER GAUHATI REGIONAL OFFICE BHANGAGARH GUWAHATI-781005
VERSUS
ON THE DEATH OF NIRMAL TALUKDAR HIS LEGAL HEIR GOPAL CH TALUKDAR and 2 ORS. LEGAL HEIRS 1.1:GOPAL CHANDRA TALUKDAR (FATHER) S/O. LT. MAYANA RAM TALUKDAR R/O. TIHU TOWN WARD NO.3 P.O. AND P.S. TIHU DIST. NALBARI ASSAM PIN-781371. 1.2:CHANDRA BALA TALUKDAR (MOTHER) W/O. GOPAL CHANDRA TALUKDAR R/O. TIHU TOWN WARD NO.3
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P.O. AND P.S. TIHU DIST. NALBARI ASSAM PIN-781371. 2:RANJIT TALUKDAR (OWNER) S/O LT. ANIRUDHA TALUKDAR R/O TIHU TOWN WARD NO. 3 P.O. and P.S. TIHU DIST. NALBARI ASSAM PIN - 781371 3:PARTHA PRATIM TALUKDAR (DRIVER) S/O SRI RANJI TALUKDAR R/O TIHU TOWN WARD NO. 3 P.O. and P.O. TIHU DIST. NALBARI ASSAM PIN - 781371. -----------Advocate for : MS. R D MOZUMDAR Advocate for : MR. B K JAIN appearing for ON THE DEATH OF NIRMAL TALUKDAR HIS LEGAL HEIR GOPAL CH TALUKDAR and 2 ORS.
BEFORE
HONOURABLE MR. JUSTICE BUDI HABUNG
ORDER
Date : 15-03-2024
Heard Ms. R.D. Mozumdar, learned counsel for the applicant. Also heard Mr. B.K. Jain, learned counsel appearing on behalf of respondent No.1(a) and (b) and Mr. A. Thakuria, learned counsel for respondent no.2 and 3.
This is an application under order XXII Rule V of the Code of Civil Procedure, 1908 for substitution of legal heir of the respondent No.1 namely, Nirmal Talukdar since deceased.
It is submitted that during the pendency of this appeal, the respondent No.1 Sri Nirmal Talukdar died on 7.9.2019 leaving behind him
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Sri Gopal Chandra Talukdar (father) and Smti Chandra Bala Talukdar (mother).
The prayer made by the applicant for substitution of legal heir of the respondent No.1 is not objected to by the learned counsel for the respondents. Accordingly, this application is allowed. The respondent No.1 namely, Sri Nirmal Talukdar (since deceased) in the appeal shall be substituted by Sri Gopal Chandra Talukdar (father) S/o Late Mayana Ram Talukdar and Smti Chandra Bala Talukdar (mother) W/o Gopal Chandra Talukdar as respondent Nos. 1(a) and 1(b) in the cause title in the memo of appeal. The Registry shall do the needful and make necessary correction in the cause title.
With the above the I.A. stands allowed and disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the legal heirs of deceased respondent No.1 Nirmal Talukdar should be substituted on the record of the pending appeal.
1 provisions across 1 enactments
The National Insurance Company Limited
Nirmal Talukdar (since deceased)
Gopal Chandra Talukdar
Chandra Bala Talukdar
Ranjit Talukdar
Partha Pratim Talukdar
Budi Habung
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
