Allowed¶28

National Insurance Co. Ltd. v. Smti Subhasi Das and Ors.

Gauhati HC4 Dec 2025I.A.(Civil)/3680/2024

Case brief

AI extract

What is this about?

Setting aside of abatement; sufficient cause; substitution of legal heirs of deceased respondent; MACApp./131/2020; I.A.(Civil)/3680/2024; delay condoned in I.A.(Civil)/3678/2024; National Insurance Co. Ltd.; Gauhati High Court; Justice Mridul Kumar Kalita; death of respondent No. 3 on 28.05.2021; interlocutory application allowed.

What did the court decide?

Setting aside of the abatement of the appeal against respondent No. 3 on his death; the interlocutory application stands allowed. ¶28

National Insurance Co. Ltd. Vs Smti Subhasi Das and Ors. — Gauhati HC (2025) — LawSathi Research

Page No.# 1/4

GAHC010188452024

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

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Case No. : I.A.(Civil)/3680/2024

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NATIONAL INSURANCE CO. LTD HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET KOLKATA AND ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI REGIONAL OFFICE AT G.S. ROAD BHANGAGARH GUWAHATI-5 ASSAM.

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VERSUS SMTI SUBHASI DAS AND ORS W/O LT. SUDHIR CH. DAS M/O LATE SAMIR KR. DAS R/O VILL. SOUTH TOKRACHARA PART-IV P.O. AND P.S. GOLAKGANJ DIST. DHUBRI ASSAM 2:ARCHANA DAS W/O LT. SAMIR CH. DAS R/O VILL. SOUTH TOKRACHARA PART-IV P.O. AND P.S. GOLAKGANJ DIST. DHUBRI ASSAM PIN

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3:ON THE DEATH OF OPPOSITE PARTY NO 3 ECHA HAQUE ALI AHMED HIS LEGAL HEIRS AND REPRRESENTATIVE WITH HIS PLACE OF DWELLING SMT. AJIJA KHAUTN AHMED W/O LATE ECHA HAQUE ALI AHMED R/O VILL. DEBETTAR HASDAHA P.O. GOLAKGANJ

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Page No.# 2/4

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P.S. GOLAKGANJ DIST. DHUBRI ASSAM PIN 783334 4:MR ARIF AHMED

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S/O LATE ECHA HAQUE ALI AHMED R/O VILL. DEBETTAR HASDAHA P.O. GOLAKGANJ P.S. GOLAKGANJ DIST. DHUBRI ASSAM PIN 783334 -----------Advocate for : MR. K K BHATRA Advocate for : appearing for SMTI SUBHASI DAS AND ORS

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Linked Case : MACApp./131/2020

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NATIONAL INSURANCE CO. LTD HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET KOLKATA AND ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI REGIONAL OFFICE AT G.S. ROAD BHANGAGARH GUWAHATI-5 ASSAM.

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VERSUS

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SMTI SUBHASI DAS AND 2 ORS W/O LT. SUDHIR CH. DAS M/O LATE SAMIR KR. DAS R/O VILL. SOUTH TOKRACHARA PART-IV P.O. AND P.S. GOLAKGANJ DIST. DHUBRI ASSAM PIN

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2:ARCHANA DAS W/O LT. SAMIR CH. DAS R/O VILL. SOUTH TOKRACHARA PART-IV P.O. AND P.S. GOLAKGANJ DIST. DHUBRI ASSAM PIN

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Page No.# 3/4

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3:ECHA HAQUE ALI AHMED S/O LATE JANE ALI MUNSHI VILL. DEBETTAR HASDAHA P.O. GOLAKGANJ P.S. GOLAKGANJ DIST. DHUBRI ASSAM PIN 783334 -----------Advocate for : MR. K K BHATRA Advocate for : MRS. K DEVI appearing for SMTI SUBHASI DAS AND 2 ORS

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BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

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ORDER

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Date : 05.12.2025

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1. Heard Ms. A. Biyani, the learned counsel for the applicant. Also heard Ms. K. Devi, the learned counsel for the respondent Nos. 1 and 2.

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2. This Interlocutory Application has been filed by the applicant/Insurance Company for setting aside the abetment of the appeal against the respondent No.3 on his death on 28.05.2021.

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3. The learned counsel for the applicant has submitted that the appeal against the respondent No. 3 got abetted by operation of law as the applicant were prevented by sufficient cause from filing the application of substituting the legal heirs of the respondent No. 3 within due time.

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4. She further submits that the delay in preferring the instant application for setting aside abetment has already been condoned in I.A.(Civil)/3678/2024.

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Page No.# 4/4

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5. The learned counsel for the respondent-claimant has not

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objected to the prayer for setting aside of the abetment. Moreover, for the reasons stated in paragraph No. 6 of this instant Interlocutory Application, this Court is of the considered opinion that the applicant were prevented by sufficient cause in preferring the substitution application within the prescribed period of limitation, hence, the abatement of the appeal against the respondent No.3 on his death is hereby set aside and this Interlocutory Application is hereby allowed.

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JUDGE

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Comparing Assistant

National Insurance Co. Ltd. v. Smti Subhasi Das and Ors.

Case brief

What is this about?

What did the court decide?

National Insurance Co. Ltd. v. Smti Subhasi Das and Ors.

Case brief

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What did the court decide?

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What the court decided

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