Interlocutory application under Order XXII Rule 9 CPC to set aside abatement of an appeal caused by the death of a party. The court allowed the application as the opposite parties raised no objection.
Abatement of the connected appeal is set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010143042024
2025:GAU-AS:3034
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2460/2024
ON THE DEATH OF MISSION DAS HIS LEGAL HEIRS NAMITA TAMUNG(WIDOW) AND 2 ORS
1.1: NAMITA TUMUNG W/O LATE MISSION DAS
1.2: PURUSHOTTAM DAS S/O LATE MISSION DAS
2: SRI ASHU DAS S/O LATE JAYANTA KR. DAS
3: SMRITIKONA DAS W/O SWAPAN CHOUDHURY
4: SRI JISHU DAS
S/O LATE JAYANTA KR. DAS ALL RESIDENTS OF VILLAGE KAMRANGI P.O. MARJATKANDI P.S. BADARPUR DISTRICT KARIMGANJ. VERSUS
ON THE DEATH OF SUBODH KUMAR ROY HIS LEGAL HEIRS ALPANA ROY and ORS
1.1:SMT ALPANA ROY
W/O LATE SUBODH KUMAR ROY R/O LONGAI ROAD WARD NO.3 KARIMGANJ TOW
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P.O. SETTLEMENT ROAD P.S. AND DIST. KARIMGANJ
1.2:SAMRAT ROY
S/O LATE SUBODH KUMAR ROY R/O LONGAI ROAD WARD NO.3 KARIMGANJ TOW P.O. SETTLEMENT ROAD P.S. AND DIST. KARIMGANJ
1.3:SAIKAT ROY
S/O LATE SUBODH KUMAR ROY R/O LONGAI ROAD WARD NO.3 KARIMGANJ TOW P.O. SETTLEMENT ROAD P.S. AND DIST. KARIMGANJ
2:SRI SUBHRENDU DEB CHOUDHURY
S/O LATE BHUPESH CH. DEB CHOUDHURY
3:SMTI MINA DEB CHOUDHURY
W/O LATE DEBYENDU DEB CHOUDHURY
4:SOURAV DEB CHOUDHURY
S/O LATE DEBYENDU DEB CHOUDHURY
5:SMTI SUSMITA DEB CHOUDHURY D/O LATE DEBYENDU DEB CHOUDHURY
6:SRI PURNENDU DEB CHOUDHURY
S/O LATE BHUPEN CH. DEB CHOUDHURY SL. NO. 5 TO 9 ARE VILLAGE WEST GUMURAH RAJESWARPUR PART-II P.S. KATIGORAH DIST. CACHAR.
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7:SMTI SUJATA RANI DAS
W/O SRI KAMALA KANTA DAS
D/O LATE SATYENDRA KR. ROY R/O VILLAGE SIDHESWAR P.O. KATOGORAH DISTRICT CACHAR.
8:SRI SIDHERTHA SANKAR ROY
S/O LATE SATYENDRA KR. ROY.
9:SRI SANDIP ROY
S/O LATE SATYENDRA KR. ROY.
10:SRI SUDIP ROY
S/O LATE SATYENDRA KR. ROY.
11:SRI SUDHENDU ROY
S/O LATE SATYENDRA KR. ROY.
12:SMTI SANJUKTA ROY
W/O LATE SATYENDRA KR. ROY. ALL ARE RESIDENT OF VILLAGE AND P.O. MARJATKANDI
P.S. BADARPUR DISTRICT KARIMGANJ ASSAM.
-----------Advocate for : MR. S P CHOUDHURY Advocate for : appearing for ON THE DEATH OF SUBODH KUMAR ROY
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN O R D E R
19.03.2025
Heard Ms. S.B. Choudhury, learned counsel for the applicants and Ms. R. Choudhury, learned counsel for the opposite parties.
2. This interlocutory application, under Order XXII Rule 9 of the CPC, is
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preferred by the applicants for setting aside abatement of the connected appeal.
3. The learned counsel for the applicants submits that the respondent No. 1 suffered demise on 27.09.2023 and as such, the abatement may be set aside.
4. On the other hand, the learned counsel for the opposite parties submits that she has no objection in the event of allowing this application.
5. Having considered the submissions of learned counsel for the applicant, this court is inclined to allow this application. Accordingly, the abatement of the connected appeal stands set aside.
6. In terms of above, this I.A. stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the abatement of the connected appeal due to the demise of a party should be set aside?
1 provisions across 1 enactments
Namita Tumung W/O Late Mission Das And Ors
Smt Alpana Roy And Ors
Robin Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
