Ismail Hussain @ Putu and 2 Ors. v. on the Death of Momowar Hussaon the Death of Momowar Hussain, His Legal Heirs Mahnaj Monowar and an
Case brief
What is this about?
Abatement; setting aside abatement; substitution of legal representatives/heirs of deceased party; death of sole respondent and of appellant No. 3 during pendency of second appeal; pleader's duty to intimate death under Order XXII Rule 10A CPC; Order XXII Rules 3, 4 and 9 CPC; Section 5 Limitation Act 1963; condonation of delay; sufficient cause; reliance on Om Prakash Gupta @ Lalloowa v. Satish Chandra (now deceased), 2025 SCC OnLine SC 291; Gangadhar v. Raj Kumar (1984) 1 SCC 121 (quoted); RSA/322/2017; Title Appeal No. 06/2015, Civil Judge Goalpara; IA(C) Nos. 1690/2022, 2023/2022, 2024/2022, 3388/2023, 3390/2023, 3392/2023; I.A.(Civil)/3393/2023; Gauhati High Court; Devashis Baruah, J.; order dated 02.05.2025.
What did the court decide?
All six interlocutory applications allowed: delay condoned in filing the applications for setting aside the abatements of the sole respondent and of appellant No. 3; both abatements set aside; legal heirs of the sole respondent substituted as respondent Nos. 1.1 and 1.2 and legal heirs of appellant No. 3 arrayed as appellant Nos. 3.1-3.3; fresh memo of parties to be filed within 7 days and the Registry to correct the Cause Title and update the CIS.