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)/1996/2026

Case brief

AI extract

What is this about?

This order deals with a petition under Order XXII Rule 9 read with Section 151 of the CPC, 1908. The applicants sought to set aside the abatement of their revision petition (CRP/44/2019) occasioned by the death of two respondents without having substituted their legal heirs within the limitation period. The Court held that sufficient cause was shown for the delay as the petitioners lacked knowledge of the deaths until an intimation letter was received, and allowed the setting aside of abatement.

What did the court decide?

The petition is allowed and the abatement against respondent Nos. 1 & 5 in CRP/44/2019 is set aside.

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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Linked Case : I.A.(Civil)/1996/2026

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ON THE DEATH OF SRI SURESH MALOO HIS LEGAL HEIRS R/O MAIN ROAD WARD NO.4 BONGAIGAON DISTRICTBONGAIGAON ASSAM 2: SMT GANGA DEVI MALOO MOTHER OF LATE SURESH MALOO 3: SMT SASHI MALO WIFE OF LATE SURESH MALOO 4: SMT SHRUTI SIROHIYA DAUGHTER OF MALOO 5: 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. 2:SRI NILADRI CHOUDHURY D/O LATE NAKUL CHOUDHURY. 3:SMT MADHUMITA DUTTA D/O LATE NAKUL CHOUDHURY. 4:SMT MAUSUMI DUTTA D/O LATE NAKUL CHOUDHURY.

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Page No.# 4/6

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5:SRI MUKUL CHOUDHURY S/OLATE BALORAM CHOUDHURY

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6:SMT MALAYA CHOUDHURY DAUGHTERS OF - LATE BALORAM CHOUDHURY

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7:SMT SABITA CHOUDHURY

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DAUGHTERS OF - LATE BALORAM CHOUDHURY

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8: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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9:SRI NILAY CHOUDHURY S/O- LATE SATHI CHOUDHURY.

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

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

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12:SMT RUPA DEY

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D/O- LATE SATHI CHOUDHURY

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

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14:SMT LUCKY PAUL

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D/O- LATE SATHI CHOUDHURY ALL ARE RESIDENTS OF BONGAIGAON DAILY BAZAR BORO BAZAR BONGAIGAON MAIN ROAD P.O.

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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 instant application under Order XXII Rule 9 r/w Section 151 of the CPC, 1908 has been preferred by the applicants praying for setting aside the abatement upon the death of respondent Nos. 1 & 5/Sri. Nakul Choudhury and Smt. Sathi Choudhury, who were the respondents in the pending CRP/44/2019.

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

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The applicants submits that the applicant have filed revision petition being CRP/44/2019 against the judgment and decree dated 07.12.2018 passed in T.A. No. 14/2016 by the learned Civil Judge, Bongaigaon, Assam.

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During the pendency of the revision petition, Sri. Nakul Choudhury/respondent No. 1 and Smt. Sathi Choudhury/ respondent No. 5 passed away on 09.01.2025 and 01.12.2025 respectively. As such the instant revision petition is abated against aforesaid respondents as no steps could be taken by the applicants to substitute the respondent Nos. 1 & 5 by their legal heirs within the period of limitation.

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It is the case of the applicant that the counsel for the petitioners in CRP/44/2019 came to know about the demise of the respondent Nos. 1 & 5 only on 08.05.2026 vide an intimation letter issued under Order XXII Rule 10A of the CPC from the learned counsel appearing on behalf of the respondents. And before the receipt of the said intimation letter, the applicant/petitioner had

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absolutely no knowledge or information regarding the death of respondent No. 1 and respondent No. 5 and therefore, could not take necessary steps for substitution within the prescribed period of limitation. Therefore due to the nonsubstitution within the statutory period the revision petition has abated against the deceased respondent Nos. 1 & 5. The applicant therefore submits that the abatement occurred neither due to the negligence on the part of the petitioner nor due to the deliberate in-action on their part but it was solely because he had no knowledge about the said respondents and therefore it is prayed that the abatement may be set aside.

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This Court has considered the submission of the learned counsel for the applicant and perused the pleadings and it is seen that sufficient cause has been shown for setting aside the abatement and for allowing the substitution of the legal heirs of the deceased respondents.

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Resultantly, this petition is allowed and abatement against the respondent Nos. 1 & 5 in CRP/44/2019 is 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 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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