Allowed

On the Death of Ramela Khatun, v. Legal Heirs of Tarubal Saha , Sri Jagadish Chandra Saha

Gauhati HC6 Jan 2026I.A.(Civil)/4176/2025

Case brief

AI extract

What is this about?

Interlocutory application under Order XXII Rule 3 CPC seeking substitution of legal heirs of deceased appellant Ramela Khatun in a second appeal. Delay of 936 days was already condoned under Section 5 of the Limitation Act. Opposite party raised no objection; the court allowed impleading of five heirs and disposed of the application.

What did the court decide?

Five named legal heirs of Late Ramela Khatun impleaded in the connected appeal.

On the Death of Ramela Khatun, Vs Legal Heirs of Tarubal… — Property and Title | Gauhati HC (2026)

Page No.# 1/4

GAHC010003152012

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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)/4176/2025

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ON THE DEATH OF RAMELA KHATUN

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HER LEGAL HEIRS

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1.1: RUKIA BEGUM W/O SHAHIDUL ISLAM

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RESIDENT OF VILLAGE HABIBHANGA PO AND PS KALAIGAON DIST UDALGURI BTR ASSAM 784525

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1.2: GAFUR ALI

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S/O RUSTAM ALI

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RESIDENT OF VILLAGE SINGRIMARI BAGICHA PO AND PS KALAIGAON DIST UDALGURI ASSAM BTR ASSAM 784525

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1.3: NURJAHAN BEGUM W/O JULFIKAR ALI

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RESIDENT OF VILLAGE NO. 2 SINGRIMARI PO AND PS KALAIGAON DIST UDALGURI BTR

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Page No.# 2/4

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ASSAM 784525 1.4: RAHIMA BEGUM (WIDOW) D/O RUSTAM ALI RESIDENT OF SINGRIMARI BAGICHA PO AND PS KALAIGAON DIST UDALGURI BTR ASSAM 784525 1.5: NAZRUL ALI S/O RUSTAM ALI

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RESIDENT OF VILLAGE HABIBHANGA PO AND PS KALAIGAON DIST UDALGURI BTR ASSAM 784525 VERSUS

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LEGAL HEIRS OF TARUBAL SAHA SRI JAGADISH CHANDRA SAHA S/O LATE RAKHAL CH. SAHA RESIDENT OF HOWLY TOWN WARD NO. 2 MOUZA GHILAJARI PO HOWLY PS AND DIST BARPETA ASSAM

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2:SRI PRADIP KR. SAHA S/O LATE RAKHAL CH. SAHA

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RESIDENT OF HOWLY TOWN WARD NO. 2 MOUZA GHILAJARI PO HOWLY PS AND DIST BARPETA ASSAM -----------Advocate for : MD S HUSSAIN Advocate for : MR. A R SIKDAR appearing for LEGAL HEIRS OF TARUBAL SAHA SRI JAGADISH CHANDRA SAHA

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Page No.# 3/4

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BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

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ORDER

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07.01.2026

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Heard Mr. S. Hussain, learned counsel for the applicant and Mr. A. Hussain, learned counsel for the opposite party.

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2. This interlocutory application, under Order XXII Rule 3 of the CPC, is preferred by the applicant for substitution of the legal heirs of the appellant No. 5, namely, Ramela Khatun.

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3. The learned counsel for the applicant submits that the appellant No. 5, in RSA No. 22/2012, suffered demise during the Covid period and the same has not been informed to the applicant herein and for which, the substitution petition could not be filed in time and that when the matter was informed, the delay of 936 days occurred.

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3.1. The learned counsel for the applicant further submits that for condoning the said delay, an application, under Section 5 of the Limitation Act, has been filed and the same has also been allowed by this Court.

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3.2. The learned counsel for the applicant also submits that since the appellant No. 5 suffered demise, there is a requirement for substituting the legal heirs in place of appellant No. 5 and therefore, it is contended to allow this petition.

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4. The learned counsel for the opposite party submits that he has no objection in the event of allowing this application.

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5. Considering the submissions of learned counsel for both the parties and also considering the facts and circumstances on the record, this interlocutory application stands allowed.

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Page No.# 4/4

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6. Accordingly, it is provided that the names of the legal heirs of Late Ramela Khatun, i.e. 1(i) Rukia Begum; 1(ii) Gafur Ali; 1(iii) Nurjahan Begum; 1(iv) Rahima Begum; and 1(v) Nazrul Ali, be impleaded in the connected appeal.

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7. In terms of above, this I.A. stands disposed of.

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JUDGE

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Comparing Assistant

On the Death of Ramela Khatun, v. Legal Heirs of Tarubal Saha , Sri Jagadish Chandra Saha

Case brief

What is this about?

What did the court decide?

On the Death of Ramela Khatun, v. Legal Heirs of Tarubal Saha , Sri Jagadish Chandra Saha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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