Govinda Chandra Paul Vs on the Death of Hirak Jyoti Chakrabarty His Legal Heirs Himani Chakrabarty — Gauhati HC (2025) — LawSathi Research

Govinda Chandra Paul Vs on the Death of Hirak Jyoti Chakrabarty His Legal Heirs Himani Chakrabarty — Gauhati HC (2025) — LawSathi Research

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GAHC010239362017

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

Case No. : I.A.(Civil)/1946/2025 in RSA/249/2017

GOVINDA CHANDRA PAUL S/O LATE BRINDABAN CHANDRA PAUL R/O VILL PAIKAN P.O. PAIKAN DIST. HAILAKANDI ASSAM.

VERSUS

ON THE DEATH OF HIRAK JYOTI CHAKRABARTY HIS LEGAL HEIRS HIMANI CHAKRABARTY

S/O LATE HIRAK JYOTI CHAKRABARTY R/O- HAILAKANDI TOWN WARD NO 14 P.O- LAKHMISAHAR CHAKRABARTY PARA DIST- HAILAKANDI ASSAM PIN- 788151

2:JALAL UDDIN CHOUDHURY S/O LATE ABDUL MAZID CHOUDHURY

RESIDENT OF RANGAUTI PART I PO PAIKAN DIST HAILAKANDI ASSAM

3:RANJIT DAS

S/O LATE HIRENDRA DAS

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RESIDENT OF VILLAGE AND PO PAIKAN DIST HAILAKANDI ASSAM

4:RADA MONI DAS

S/O LATE HIRENDRA DAS

RESIDENT OF VILLAGE AND PO PAIKAN DIST HAILAKANDI ASSAM

5:DHONI RAM DAS

S/O GOGEN RAM DAS

RESIDENT OF VILLAGE AND PO PAIKAN DIST HAILAKANDI ASSAM

6:SUNIL DEB S/O LATE ABOYCHARAN DEB

RESIDENT OF VILLAGE AND PO PAIKAN DIST HAILAKANDI ASSAM

7:KANTA DEB S/O LATE ABOYCHARAN DEB

RESIDENT OF VILLAGE AND PO PAIKAN DIST HAILAKANDI ASSAM

8:SAMARJIT DAS D/O LATE KUTI RAM DAS

RESIDENT OF VILLAGE AND PO PAIKAN DIST HAILAKANDI ASSAM

9:SRI PRADIP SABDAKAR

S/O HARENDRA SABDAKAR NILMONI ROAD KARIMGANJ PO AND DIST KARIMGANJ

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ASSAM

10:SMTI JAYA NAMASUDRA

W/O JAYANTA NAMASUDRA

RESIDENT OF VILLAGE AND PO PAIKAN DIST HAILAKANDI ASSAM

11:SRI BIPUL BHUSAN CHAKRABARTY

S/O LATE BARINDRA CHAKRABARTY HAILAKANDI TOWN WARD NO. 7 PO LAXMI SAHAR PS AND DIST HAILAKANDI ASSAM

12:SMTI DIPIKA BHATTACHARJEE

W/O PRABIR BHATTACHARJEE

RESIDENT OF HAILAKANDI TOWN WARD NO. 7 PO AND PS AND DIST HAILAKANDI ASSAM

13:JOY DEB S/O LATE BABULAL DEB

RESIDENT OF VILLAGE AND PO PAIKAN DIST HAILAKANDI ASSAM

14:BIKTU DEB S.O LATE BABULAL DEB

RESIDENT OF VILLAGE AND PO PAIKAN DIST HAILAKANDI ASSAM

15:RUMON DEB S.O LATE BABULAL DEB

RESIDENT OF VILLAGE AND PO PAIKAN DIST HAILAKANDI ASSAM

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16:UMON DEB S.O LATE BABULAL DEB

RESIDENT OF VILLAGE AND PO PAIKAN DIST HAILAKANDI ASSAM

17:DIPIKA DEB

W.O LATE BABULAL DEB

RESIDENT OF VILLAGE AND PO PAIKAN DIST HAILAKANDI ASSAM

-----------Advocate for : MR V K BAROOAH

Advocate for : appearing for ON THE DEATH OF HIRAK JYOTI CHAKRABARTY HIS LEGAL HEIRS HIMANI CHAKRABARTY

BEFORE

HON'BLE MR. JUSTICE ROBIN PHUKAN

ORDER

16.07.2025

Heard Mr. K.K. Dey, learned counsel for the applicant. Also heard Mr. N. Haque, learned counsel for the opposite party No.2 and Mr. S.K. Ghosh, learned counsel for the opposite party Nos.3, 4, 6, 7, 10, 13, 14, 15, 16 and 17.

This application is preferred by the applicant for correction of the father's name of the opposite party No.1 as Late Hirak Jyoti Chakrabarty by deleting the name as Hirendra Chakrabarty in the cause title of I.A.(Civil) No.1089/2025, arising out of RSA No.249/2017.

Mr. Dey, learned counsel for the applicant submits that in the I.A.(Civil) No.1089/2025, the father's name of the opposite party No.1 was written as Hirendra Chakrabarty instead of Late Hirak Jyoti Chakrabarty and as such, there is a requirement for correcting of the aforementioned name in the cause title of the I.A.(Civil)

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No.1089/2025 by mentioning the same as Late Hirak Jyoti Chakrabarty.

Mr. Haque and Mr. Ghosh, learned counsel for the opposite parties submit that they have no objection.

Taking note of the submission of learned counsel for both the parties and also considering the facts and circumstances on the record, this interlocutory application stands allowed.

The father's name of the opposite party No.1 in the cause title of I.A.(Civil) No.1089/2025 shall be corrected as Late Hirak Jyoti Chakrabarty and Mr. Dey shall submit the amended cause title of the I.A.(Civil) No.1089/2025 within a week from today.

Sd/- Robin Phukan JUDGE

Comparing Assistant