Allowed¶37

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

Gauhati HC7 May 2026I.A.(Civil)/3072/2025

Case brief

AI extract

What is this about?

Setting aside of abatement; Order XXII Rule 9(2) CPC; Order XXI Rule 3 CPC; death of appellant during pendency of appeal; legal heirs brought on record; substitution of legal heirs; sufficient cause; delay not deliberate or mala fide; no objection by respondents; RSA No.217/2011; Rajen Goswami; Gauhati High Court; Kaushik Goswami, J.; I.A.(Civil)/3072/2025; decision dated 08.05.2026; neutral citation 2026:GAU-AS:6357; e-filing reference GAHC010204742025.

What did the court decide?

Abatement of RSA No.217/2011 against deceased Appellant No.1 (Rajen Goswami) set aside; applicant directed to take necessary steps for substitution of the legal heirs of the deceased appellant in accordance with law; the interlocutory application stands disposed of. ¶37

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

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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)/3072/2025

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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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Page No.# 2/4

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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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Page No.# 3/4

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ASSAM

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-----------Advocate for : MR. S P ROY Advocate for : 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 9(2) of the CPC read with Order XXI Rule 3 of the CPC for setting aside the abatement against the deceased Appellant No.1.

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It appears from the materials on record that during the pendency of the connectedRSA No.217/2011, the appellant No.1, RajenGoswami, 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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I have considered the submissions advanced by the learned counsel for the parties and have also perused the materials available on record.

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Page No.# 4/4

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From the explanation furnished in the application, this Court is this Court is satisfied that the delay in bringing the legal heirs of the deceased appellant on record does not appear to be deliberate or mala fide. Learned counsel for the respondents has also fairly submitted that he has no objection to the prayer made in the application.

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In the circumstances, and upon being satisfied that sufficient cause has been shown, the abatement that occurred on account of the death of the appellant No1 in RSA No.217/2011 is hereby set aside.

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The applicant shall take necessary steps for substitution of the legal heirs of the deceased appellant in accordance with law.

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With the above directions, the interlocutory application stands disposed of.

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Comparing Assistant

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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