The Court allowed an application under Order 22 Rules 1 and 2 CPC for substitution of legal heirs of a deceased appellant. The deceased appellant No.3 was replaced by his wife and son.
Substitution of legal heirs of deceased appellant allowed.
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GAHC010124782024
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1481/2025
ON THE DEATH OF ANUP SARMA HIS LEGAL HEIRS
2: 3.A SMTI KAMINI DEVI W/O LATE ANUP SARMA
RESIDENT OF VILLAGE PUB SAHAN PO AND PS RANGIA DIST KAMRUP ASSAM
3: 3.B JITUL SARMA S/O LATE ANUP SARMA
RESIDENT OF VILLAGE PUB SAHAN PO AND PS RANGIA DIST KAMRUP ASSAM VERSUS
THE COLLECTOR KAMRUP(R) AND 2 ORS KAMRUP R AMINGAON ASSAM 781031
2:THE SECRETARY TO THE UNION OF INDIA MINISTRY OF DEFENCE SOUTH BLOCK NEW DELHI II
3:THE DEFENCE ESTATE OFFICER
TEZPUR CIRCLE GOLE PARK ROAD
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TEZPUR ASSAM 784001
-----------Advocate for : MR D K NATH Advocate for : GA ASSAM appearing for THE COLLECTOR KAMRUP(R) AND 2 ORS
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 08.12.2025
1. Heard Mr. D. K. Nath, the learned counsel for the applicant. Also heard Ms. D. D. Barman, the learned Additional Government Advocate appearing for the respondent No.1 as well as Mr. R. Dev Choudhury, the learned counsel for the respondent Nos. 2 and 3.
2. This application under Order 22 Rule 1 and 2 of the Code of Civil Procedure, 1908 has been filed by the appellant/applicant praying for allowing the substitution of legal representatives of the appellant No.3 on his death on 22.03.2024. 3. The learned counsel for the applicant submits that the present application has been filed within the period of limitation and the appellant No.3 died leaving behind his wife Smti Kamini Devi and a son as his legal heirs and therefore, the said legal heirs may be substituted in his place in the Memo of Appeal.
4. The prayer is not objected to by the learned counsel for the respondent.
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5. Since, the prayer for substitution has been made within prescribed period of limitation after the death of the appellant No.3, the prayer is allowed.
6. The name of Smti Kamini Devi and Shri Jitul Sarkar shall be substituted as the appellant No.3 (a) and 3 (b) in place of the deceased appellant in Memo of Appeal.
7. The applicant is directed to submit the amended cause title of the Memo of Appeal within seven days from the date of this order.
8. This Interlocutory Application is, accordingly, disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the legal heirs of the deceased appellant No.3 may be substituted in place of the deceased appellant in the Memo of Appeal?
1 provisions across 1 enactments
Legal Heirs of Anup Sarma
The Collector Kamrup(R) and 2 Ors
The Secretary to the Union of India Ministry of Defence
The Defence Estate Officer
Mridul Kumar Kalita
As recorded by the court registry
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