Allowed

On the Death of Sri Kamal Talukdar His Legal Heirs Rupam Talukdar v. Sri Homeswar Barman and Ors.

Gauhati HC13 Sept 2026I.A.(Civil)/1593/2026

Case brief

AI extract

What is this about?

The Gauhati High Court allowed an application under Order 22 Rule 9(2) CPC to set aside abatement against a deceased appellant in MAC Appeal No. 428/2019. The court set aside the abatement in favor of the legal heir, Rupam Talukdar, following the allowance of a separate application for condonation of delay.

What did the court decide?

Application allowed; abatement against deceased appellant Kamal Talukdar set aside in MAC Appeal No. 428/2019.

On the Death of Sri Kamal Talukdar His Legal Heirs… — Execution and Attachment | Gauhati HC (2026)

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GAHC010077872026

2026:GAU-AS:13487

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

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Case No. : I.A.(Civil)/1593/2026

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ON THE DEATH OF SRI KAMAL TALUKDAR HIS LEGAL HEIRS RUPAM TALUKDAR LEGAL REP. AND SON OF LATE KAMAL TALUKDAR R/O- VILL.- KENDUKUCHI DIST.- NALBARI ASSAM PIN- 781341

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VERSUS SRI HOMESWAR BARMAN AND ORS S/O- LATE PRABHAT BARMAN R/O- VILL.- BAGANPARA P.S. BARBARI DIST.- BASKA ASSAM PIN- 781349. (OWNER OF VEHICLE NO. AS-14/3915 (BUS).

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-----------Advocate for : MS T WAPANGLA Advocate for : MR. R C PAUL appearing for SRI HOMESWAR BARMAN AND ORS

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Linked Case : MACApp./428/2019

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SHRI KAMAL TALUKDAR

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S/O- SRI BAPA TALUKDAR R/O- VILL.- KENDUKUCHI DIST.- NALBARI ASSAM PIN- 781337. VERSUS SRI HOMESWAR BARMAN AND 2 ORS. S/O- LATE PRABHAT BARMAN R/O- VILL.- BAGANPARA P.S. BARBARI DIST.- BASKA ASSAM PIN- 781349. (OWNER OF VEHICLE NO. AS-14/3915 (BUS). 2:SRI MADAN RAJBONGSHI S/O- B. RAJBONGSHI R/O- VILL.- BALITORA P.S. AND DIST.- NALBARI ASSAM PIN- 781349. (DRIVER OF VEHICLE NO. AS-14/3915 (BUS). 3:THE NEW INDIA ASSURANCE COMPANY LIMITED RT OFFICE NALBARI- 781335. (POLICY NO. 530902/31/07/01/00001904 VALID UPTO 111/2009. -----------Advocate for : MR. R MAZUMDAR Advocate for : MR. A DUTTA appearing for SRI HOMESWAR BARMAN AND 2 ORS.

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Linked Case : I.A.(Civil)/1593/2026

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ON THE DEATH OF SRI KAMAL TALUKDAR HIS LEGAL HEIRS RUPAM TALUKDAR LEGAL REP. AND SON OF LATE KAMAL TALUKDAR R/O- VILL.- KENDUKUCHI DIST.- NALBARI ASSAM PIN- 781341

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VERSUS

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SRI HOMESWAR BARMAN AND ORS S/O- LATE PRABHAT BARMAN R/O- VILL.- BAGANPARA P.S. BARBARI DIST.- BASKA ASSAM PIN- 781349. (OWNER OF VEHICLE NO. AS-14/3915 (BUS).

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-----------Advocate for : MS T WAPANGLA Advocate for : MR. R C PAUL appearing for SRI HOMESWAR BARMAN AND ORS

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BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER

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ORDER

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14/09/2026

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The instant application under Order 22 Rule 9 (2) of the CPC read with Order 22 Rule 3 of the CPC has been filed praying for setting aside the abatement against the deceased appellant late Kamal Talukdar in MAC Appeal No. 428/2019.

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Heard learned counsel, Ms. T. Wapangla, for the applicant. Also heard Mr. R.C. Paul for the opposite party/Insurance Company.

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It is the submission of the learned counsel for the applicant that the MAC Appeal No. 428/2019 was filed by the appellant against the judgment and order dated 21.09.2019 passed in MAC Case No. 3003/2016 with a prayer to enhance the compensation amount.

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During the pendency of the MAC Appeal, the appellant has expired on 02.11.2020, leaving behind his son Rupam Talukdar as the legal heir of the deceased appellant. It is stated that the applicant was not aware of the fact that

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his father had filed MAC Appeal before this Court and it is only in the month of January 2026 that the engaged counsel reached out to the applicant directly and intimated him about the MAC Appeal before this Court. It is also stated that the mother of the applicant has also expired in the month of December 2025 during the pendency of the MAC Appeal and as such the applicant was not aware of the pending proceedings. The applicant has therefore filed the Interlocutory Application to implead himself by substitution in place of the appellant in MAC Appeal No. 428/201.

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It is the prayer of the appellant that the abatement if any, against the deceased appellant may be set aside.

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In view of the fact that I.A(C)/159/2026 praying for condonation of delay has been allowed by this Court by order dated 14.09.2026, the instant application is allowed and abatement against the deceased appellant late, Kamal Talukdar is hereby set aside.

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Application stands disposed.

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JUDGE

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Comparing Assistant

On the Death of Sri Kamal Talukdar His Legal Heirs Rupam Talukdar v. Sri Homeswar Barman and Ors.

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On the Death of Sri Kamal Talukdar His Legal Heirs Rupam Talukdar v. Sri Homeswar Barman and Ors.

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