Allowed

Oriental Insurance Co. Ltd. v. Smt Nizara Roy and Ors.

Gauhati HC17 Sept 2026I.A.(Civil)/1937/2026

Case brief

AI extract

What is this about?

The Gauhati High Court allowed an interlocutory application filed by Oriental Insurance Co. Ltd. under Order XXII Rule 4 read with Section 151 CPC for substitution of the legal heirs of deceased respondent Dilip Das. The application was filed within time, and the court directed that the four named legal heirs be substituted as respondents 3(a) to 3(d) in MFA No. 169/2019. The interlocutory application is disposed of.

What did the court decide?

Legal heirs of deceased respondent Dilip Das substituted as respondents 3(a) to 3(d) in MFA No. 169/2019.

Oriental Insurance Co. Ltd. Vs Smt Nizara Roy… — Civil Procedure and Limitation | Gauhati HC (2026)

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GAHC010087652026

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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)/1937/2026

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ORIENTAL INSURANCE CO LTD

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HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE, A 25/27 ASAF ALI ROAD, NEW DELHI-110002 AND REGIONAL OFFICE AT GUWAHATI-7 REPRESENTED BY THE REGIONAL MANAGER.

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VERSUS

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SMT NIZARA ROY AND ORS W/O LATE MRIDUL ROY

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2:CHINMOY ROY

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S/O LATE MRIDUL ROY BOTH ARE R/O VILL. CHAKCHAKA P.O. SORBHOG DIST. BARPETA PRESENTLY RESIDING AT VILL. DURAMARI DIST. BONGAIGAON ASSAM.

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3:ON THE DEATH OF SRI DILIP DAS

HIS LEGAL HEIRS

3.1:RINA DAS

W/O LATE DILIP DAS

RESIDENT OF VILLAGE RAHA PO CHAKCHAKA PS SORBHOG DIST BARPETA ASSAM

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Page No.# 2/3

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3.2:BHASKAR JYOTI DAS S/O LATE DILIP DAS

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RESIDENT OF VILLAGE RAHA PO CHAKCHAKA PS SORBHOG DIST BARPETA ASSAM

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3.3:DIPTI MONI DAS D/O LATE DILIP DAS

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RESIDENT OF VILLAGE RAHA PO CHAKCHAKA PS SORBHOG DIST BARPETA ASSAM

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3.4:SANGITA DAS D/O LATE DILIP DAS

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RESIDENT OF VILLAGE RAHA PO CHAKCHAKA PS SORBHOG DIST BARPETA ASSA

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Advocate for the Petitioner : MR SISHIR DUTTA, MR. SIDHANT DUTTA

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Advocate for the Respondent : ,

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Linked Case : MFA/169/2019

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ORIENTAL INSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A 25/27 ASAF ALI ROAD

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NEW DELHI-110002 AND REGIONAL OFFICE AT GUWAHATI-7 REPRESENTED BY THE REGIONAL MANAGER.

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VERSUS

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SMTI NIZARA ROY and 2 ORS W/O LATE MRIDUL ROY

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2:CHINMOY ROY

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S/O LATE MRIDUL ROY BOTH ARE R/O VILL. CHAKCHAKA P.O. SORBHOG

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DIST. BARPETA PRESENTLY RESIDING AT VILL. DURAMARI DIST. BONGAIGAON ASSAM.

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-----------Advocate for : MR. S DUTTA Advocate for : MR. M DEKA appearing for SMTI NIZARA ROY and 2 ORS

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BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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ORDER

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Date : 18.09.2026

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Heard the learned counsel for the applicant.

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This application has been filed under Order XXII Rule 4 read with Section 151 of the CPC praying for substitution of legal heirs of the deceased respondent no. 3 Dilip Das.

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This application has been filed within time. Therefore, the application is allowed.

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The legal heirs of the deceased respondent no. 3 Dilip Das, whose names are mentioned in paragraph 4 of the application shall be substituted in his place in title page of the memo of appeal as respondent nos. 3(a), (b), (c) and (d) respectively in MFA No. 169/2019.

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The interlocutory application is disposed of.

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JUDGE

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Comparing Assistant

Oriental Insurance Co. Ltd. v. Smt Nizara Roy and Ors.

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Oriental Insurance Co. Ltd. v. Smt Nizara Roy and Ors.

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