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On the Death of Shri Rajen Goswami , v. Sri Kanak Ch. Deka and Ors.

Gauhati HC7 May 2026I.A.(Civil)/3070/2025

Case brief

AI extract

What is this about?

Substitution of legal heirs of deceased appellant; Order XXII Rule 4 CPC; Section 151 CPC; death of appellant No.1 Rajen Goswami on 30.10.2021 during pendency of RSA No.217/2011; legal representatives brought on record; Taruni Goswami; Anandita Goswami; Pikumani Goswami; amended cause title before Registry; Gauhati High Court; I.A.(Civil)/3070/2025; order dated 08.05.2026; neutral citation 2026:GAU-AS:6357.

What did the court decide?

Prayer for substitution of legal heirs allowed: Smti Taruni Goswami, Smti Anandita Goswami and Smti Pikumani Goswami substituted in place of the deceased appellant No.1 Rajen Goswami in RSA No.217/2011; applicant to file amended cause title before the Registry within the prescribed time; interlocutory application disposed of. ¶37

On the Death of Shri Rajen Goswami , Vs Sri Kanak Ch. Deka and Ors. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the legal heirs of the deceased appellant No.1 (Rajen Goswami) should be substituted in his place in the pending RSA No.217/2011 under Order XXII Rule 4 CPC read with Section 151 CPC.

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Court's answer

Since the proposed persons (Smti Taruni Goswami, Smti Anandita Goswami and Smti Pikumani Goswami) are stated to be the legal representatives of the deceased appellant No.1 and their presence is necessary for the just and proper adjudication of the appeal, the Court found sufficient grounds to allow the prayer for substitution.

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Ratio / Principle

The application stands allowed; Smti Taruni Goswami, Smti Anandita Goswami and Smti Pikumani Goswami shall be substituted in place of the deceased appellant No.1, Rajen Goswami.

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Key takeaways

The applicant is directed to file an amended cause title before the Registry within the prescribed time for carrying out the necessary corrections.ratio¶42

Detailed headnote1 paragraphs

Gauhati High Court (Kaushik Goswami, J.), order dated 08.05.2026 in I.A.(Civil)/3070/2025 arising out of RSA No.217/2011: Interlocutory application under Order XXII Rule 4 of the CPC read with Section 151 of the Code of Civil Procedure, 1908, seeking substitution of the legal heirs of deceased appellant No.1 Rajen Goswami, who expired on 30.10.2021 during the pendency of the second appeal, leaving behind Smti Taruni Goswami (widow), Smti Anandita Goswami and Smti Pikumani Goswami (daughters). Held that, the proposed persons being stated legal representatives of the deceased appellant No.1 and their presence being necessary for the just and proper adjudication of the appeal, sufficient grounds existed to allow substitution. The three heirs were substituted in place of the deceased appellant No.1, with a direction to file an amended cause title before the Registry within the prescribed time. Application allowed and disposed of.

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GAHC010204742025

2026:GAU-AS:6357

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

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Case No. : I.A.(Civil)/3070/2025

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ON THE DEATH OF SHRI RAJEN GOSWAMI

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HIS LEGAL HEIRS

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1.1: SMTI TARUNI GOSWAMI W/O LATE RAJEN GOSWAMI

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RESIDENT OF VILLAGE KHARKHOWAPARA PO DEOMORNOI MANGALDAI DIST DARRANG ASSAM 784147 ASSAM

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1.2: SMTI ANANDITA GOSWAMI

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D/O LATE RAJEN GOSWAMI

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RESIDENT OF VILLAGE KATAHI PO SANTIPUKHURI DIST DARRANG ASSAM

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1.3: SMTI PIKUMANI GOSWAMI D.O LATE RAJEN GOSWAMI RESIDENT OF BHEBARGHAT NO. 2 BAMUNPARA MANGALDAI DIST DARRANG ASSAM 784125 ASSAM

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2: SRI PARESH GOSWAMI S/O LATE MANIK GOSWAMI RESIDENT OF VILLAGE KHARKHOWAPARA MOUZA SARABARI PS MANGALDOI

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DIST DARRANG ASSAM

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3: SMTI BHARATI GOSWAMI D/O LATE MANIK GOSWAMI RESIDENT OF VILLAGE KHARKHOWAPARA MOUZA SARABARI PS MANGALDOI DIST DARRANG ASSAM 4: SRI MAHENDRA GOSWAMI S/O LATE MANIK GOSWAMI RESIDENT OF VILLAGE KHARKHOWAPARA MOUZA SARABARI PS MANGALDOI DIST DARRANG ASSAM

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5: SHRI BUDHU GOSWAMI S/O NARAYAN GOSWAMI

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RESIDENT OF VILLAGE KHARKHOWAPARA MOUZA SARABARI PS MANGALDOI DIST DARRANG ASSAM VERSUS SRI KANAK CH. DEKA AND ORS S/O LATE GANA KOCH AND RESIDENT OF VILLAGE KHARKHOWAPARA MOUZA SARABARI PS MANGALDOI DIST DARRANG ASSAM 2:SRI RANJIT DEKA S/O LATE GANA KOCH AND RESIDENT OF VILLAGE KHARKHOWAPARA MOUZA SARABARI PS MANGALDOI DIST DARRANG ASSAM

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3:SRI DANDA DEKA

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S/O LATE GANA KOCH AND RESIDENT OF VILLAGE KHARKHOWAPARA MOUZA SARABARI PS MANGALDOI DIST DARRANG

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ASSAM

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-----------Advocate for : MR. S P ROY Advocate for : MR. S C BISWAS appearing for SRI KANAK CH. DEKA AND ORS

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BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

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ORDER

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Date : 08.05.2026

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Heard Mr. J. Das, learned counsel for the applicant.Also heard Mr. D. Mazumdar, learned counsel for the respondent Nos.1 to 4.

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The present interlocutory application has been filed under Order XXII Rule 4 of the CPC read with Section 151 of the Code of Civil Procedure, 1908, seeking substitution of legal heirs of the deceased appellant No.1 in connection with RSA No.217/2011.

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It appears from the materials placed on record that during the pendency of the connected RSA No.217/2011, the appellant No.1, Rajen Goswami, expired on 30.10.2021, leaving behind the following legal heirs:

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1(i).Smti. Taruni Goswami.

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1(ii).Smti. Anandita Goswami.

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1(iii).Smti. Pikumani Goswami.

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Since the aforesaid persons are stated to be legal representatives of the deceased appellant No.1 and their presence is necessary for the just and proper

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adjudication of the appeal, this Court finds sufficient grounds to allow the prayer for substitution.

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Accordingly, the application stands allowed.

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The following persons shall be substituted in place of the deceased appellant No.1, RajenGoswami:

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1(i).Smti. Taruni Goswami.

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1(ii).Smti. Anandita Goswami.