Allowed

On the Death of Sri Suresh Maloo, His Legal Heirs v. on the Death of Nakul Choudhury His Legal Heir

Gauhati HC17 Sept 2026I.A.(Civil)/1995/2026

Case brief

AI extract

What is this about?

The Gauhati High Court allowed an application filed by the applicants in Civil Revision Petition No. 44/2019 under Order XXI Rule 4 of the CPC. The application sought substitution of names of the legal heirs of Respondent No. 1 (Nukul Choudhury) and Respondent No. 5 (Sathi Choudhury), who died during the pendency of the proceedings. The court held that the right to sue survives and approved the substitution of the identified legal heirs.

What did the court decide?

Application for substitution of legal heirs of deceased Respondents No. 1 and No. 5 is allowed. Applicants directed to file amended cause title within one week.

On the Death of Sri Suresh Maloo, His Legal Heirs… — Execution and Attachment | Gauhati HC (2026)

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GAHC010045812019

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

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Case No. : CRP/44/2019

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ON THE DEATH OF SHRI SURESH MALOO HIS LEGAL HEIRS GANGA DEVI MALOO AND 3 ORS BONGAIGAON, ASSAM

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1.1: GANGA DEVI MALOO M/O LATE SURESH MALOO RESIDENT OF MAIN ROAD WARD NO. 4 BONGAIGAON DISTRICT- BONGAIGAON ASSAM

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1.2: SHASHI MALOO W/O LATE SURESH MALOO RESIDENT OF MAIN ROAD WARD NO. 4 BONGAIGAON DISTRICT- BONGAIGAON ASSAM

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1.3: SHRUTI SIROHIYA D/O LATE SURESH MALOO RESIDENT OF MAIN ROAD WARD NO. 4 BONGAIGAON DISTRICT- BONGAIGAON ASSAM

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1.4: SURABHI KABRA D/O LATE SURESH MALOO RESIDENT OF MAIN ROAD WARD NO. 4 BONGAIGAON DISTRICT- BONGAIGAON

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ASSA

VERSUS

NAKUL CHOUDHURY AND 4 ORS. S/O- LATE BALORAM CHOUDHURY, R/O- BONGAIGAON DAILY BAZAAR (BORO BAZAAR), BONGAIGAON MAIN ROAD, P.O,P.S AND DISTBONGAIGAON, ASSAM

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2:MUKUL CHOUDHURY S/O- LATE BALORAM CHOUDHURY R/O- BONGAIGAON DAILY BAZAAR (BORO BAZAAR) BONGAIGAON MAIN ROAD P.O P.S AND DIST- BONGAIGAON ASSAM

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3:MALAYA CHOUDHURY D/O- LATE BALORAM CHOUDHURY R/O- BONGAIGAON DAILY BAZAAR (BORO BAZAAR) BONGAIGAON MAIN ROAD P.O P.S AND DIST- BONGAIGAON ASSAM 4:SABITA CHOUDHURY D/O- LATE BALORAM CHOUDHURY R/O- BONGAIGAON DAILY BAZAAR (BORO BAZAAR) BONGAIGAON MAIN ROAD P.O P.S AND DIST- BONGAIGAON ASSAM 5:SATHI CHOUDHURY W/O- LATE NANI GOPAL CHOUDHURY R/O- BONGAIGAON DAILY BAZAAR (BORO BAZAAR) BONGAIGAON MAIN ROAD P.O P.S AND DIST- BONGAIGAON ASSA

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Advocate for the Petitioner : MR. D MOZUMDER, MR. S BISWAS,MS. J KAKOTI

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Advocate for the Respondent : MR S S SHARMA, MRS L SHARMA,MR. B J MUKHERJEE,MR H BURAGOHAIN,FOR CAVEATOR

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Page No.# 3/7

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Linked Case : I.A.(Civil)/1995/2026

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ON THE DEATH OF SRI SURESH MALOO HIS LEGAL HEIRS R/0 MAIN ROAD WARD NO.4 BONGAIGAON DISTRICTBONGAIGAON ASSAM

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1.1: SMT GANGA DEVI MALOO MOTHER OF LATE SURESH MALOO

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1.2: SMT SASHI MALO WIFE OF LATE SURESH MALOO

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1.3: SMT SHRUTI SIROHIYA DAUGHTER OF MALOO

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1.4: SMT SURABHI KABRA DAUGHTER OF LATE SURESH MALOO ALL ARE R/0 MAIN ROAD WARD NO.4 BONGAIGAON DISTRICTBONGAIGAON ASSAM VERSUS

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ON THE DEATH OF NAKUL CHOUDHURY HIS LEGAL HEIR RESIDENTS OF BONGAIGAON DAILY BAZAR BORO BAZAR BONGAIGAON MAIN ROAD P.O. P.S. AND DISTRICT - BONGAIGAON ASSAM.

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1.1:SRI NILADRI CHOUDHURY D/O LATE NAKUL CHOUDHURY.

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1.2:SMT MADHUMITA DUTTA D/O LATE NAKUL CHOUDHURY.

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1.3:SMT MAUSUMI DUTTA D/O LATE NAKUL CHOUDHURY.

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Page No.# 4/7

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2:SRI MUKUL CHOUDHURY S/OLATE BALORAM CHOUDHURY

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3:SMT MALAYA CHOUDHURY DAUGHTERS OF - LATE BALORAM CHOUDHURY

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4:SMT SABITA CHOUDHURY DAUGHTERS OF - LATE BALORAM CHOUDHURY

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5:ON THE DEATH OF SATHI CHOUDHURY HER LEGAL HEIR RESIDENTS OF BONGAIGAON DAILY BAZAR BORO BAZAR BONGAIGAON MAIN ROAD P.O. P.S. AND DISTRICT - BONGAIGAON ASSAM.

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5.1:SRI NILAY CHOUDHURY S/O- LATE SATHI CHOUDHURY.

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5.2:SRI NAYAN CHOUDHURY S/O- LATE SATHI CHOUDHURY.

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5.3:SMT SAMPA SARMA D/O- LATE SATHI CHOUDHURY.

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5.4:SMT RUPA DEY D/O- LATE SATHI CHOUDHURY

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5.5:SMT TUPAI ROY ALIAS SRABANI ROY D/O- LATE SATHI CHOUDHURY

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5.6:SMT LUCKY PAUL

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D/O- LATE SATHI CHOUDHURY ALL ARE RESIDENTS OF BONGAIGAON DAILY BAZAR BORO BAZAR

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BONGAIGAON MAIN ROAD P.O. P.S. AND DISTRICT - BONGAIGAON ASSAM.

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-----------Advocate for : MR. D MOZUMDER Advocate for : MR. B J MUKHERJEE appearing for ON THE DEATH OF NAKUL CHOUDHURY HIS LEGAL HEIR

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BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER

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ORDER

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18/09/2026

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The present application has been filed under Order XXII Rule 4 of the CPC praying for substitution of the name of the legal heirs of the respondent Nos. 1 & 5 in CRP No. 44/2019.

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Heard learned counsel, Ms. S. Nath, for the applicants. Also heard Mr. B.J. Mukherjee, learned counsel for the respondents.

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The case of the applicant herein is that they had filed revision petition being CRP No. 44/2019 before this Court against the judgment and decree dated 07.12.2018 passed in T.A. No.14/2016 by the learned Civil Judge, Bongaigaon, Assam, which is pending at the stage of hearing.

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The applicants submits that during the pendency of the revision petition, the respondent No. 1/Sri. Nukul Choudhury expired on 09.01.2025 leaving behind his legal heirs:- i) Sri. Niladri Choudhury, Son, ii) Smt. Madhumita Dutta, Daughter and iii) Smt. Mausumi Dutta, Daughter.

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The applicants further submits that during the pendency of the civil revision petition No. 44/2019, the respondent No. 5 also expired on 01.12.2025 leaving behind the following legal heirs:-

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Sri. Nilay Choudhury (Son)

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Sri. Nayan Choudhury (Son)

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Smt. Sampa Sarma (Daughter)

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Smt. Rupa Dey (Daughter)

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Smt. Tupai Roy @ Srabani Roy (Daughter)

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Smt. Lucky Paul (Daughter)

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The applicants further states that the right to sue survives against the legal heirs of the respondent Nos. 1 & 5. Hence, this application for substitution of the names of the legal heirs of late Nukul Choudhury and late Sathi Choudhury has been filed by the applicants. The applicants also submits that they have taken good grounds in the revision petition and there is a fair chance of success in the petition and if the legal heirs are not substituted in place of the respondent Nos. 1 & 5, then the applicants would suffer irreparable loss.

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This Court has considered the submission of the applicant and also perused the pleadings and is of the view that the instant application needs to be allowed. Accordingly, the application is allowed and the applicants are allowed to substitute the names of the legal heirs of the respondent No. 1 as mentioned in paragraph No. 3 of the application and also the legal heirs of respondent No. 5 as mentioned in paragraph No. 4 of the application.

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The applicants shall take steps to file an amended cause title in the amended CRP No. 44/2019 within 1 (one) week from today and serve a copy of the same to the learned counsel for the respondents.

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Application stands disposed.

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JUDGE

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On the Death of Sri Suresh Maloo, His Legal Heirs v. on the Death of Nakul Choudhury His Legal Heir

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On the Death of Sri Suresh Maloo, His Legal Heirs v. on the Death of Nakul Choudhury His Legal Heir

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