Allowed¶30

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

Gauhati HC6 Jan 2026I.A.(Civil)/4177/2025

Case brief

AI extract

What is this about?

Gauhati High Court; I.A.(Civil)/4177/2025; Order XXII Rule 9 CPC; setting aside of abatement; substitution of legal heirs on death of appellant; Ramela Khatun; legal heirs Rukia Begum, Gafur Ali, Nurjahan Begum, Rahima Begum, Nazrul Ali; RSA No. 22/2012; opposite party legal heirs of Tarubal Saha (Jagadish Chandra Saha, Pradip Kr. Saha); Robin Phukan J.; order dated 07.01.2026; delay-condonation IA already allowed; opposite party no objection.

What did the court decide?

Abatement occasioned by the death of appellant No. 5 (Ramela Khatun) in RSA No. 22/2012 set aside, enabling substitution of her legal heirs; the I.A. disposed of accordingly. ¶30

On the Death of Ramela Khatun, Vs Legal Heirs of Tarubal Saha , Sri Jagadish Chandra Saha — Gauhati HC (2026) — LawSathi Research

Page No.# 1/3

GAHC010003152012

undefined

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

¶5

Case No. : I.A.(Civil)/4177/2025

¶6

ON THE DEATH OF RAMELA KHATUN

¶7

HER LEGAL HEIRS

¶8

1.1: RUKIA BEGUM W/O SHAHIDUL ISLAM

¶9

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

¶10

1.2: GAFUR ALI

¶11

S/O RUSTAM ALI

¶12

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

¶13

1.3: NURJAHAN BEGUM W/O JULFIKAR ALI

¶14

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

¶15

Page No.# 2/3

¶16

BTR 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

¶17

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

¶18

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

¶19

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

¶20

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

¶21

Page No.# 3/3

¶22

BEFORE

¶23

HONOURABLE MR. JUSTICE ROBIN PHUKAN

¶24

ORDER

¶25

07.01.2026

¶26

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

¶27

2. This interlocutory application, under Order XXII Rule 9 of the CPC, is preferred by the applicant for setting aside the abatement in substituting the legal heirs due to death of the appellant No. 5 in RSA No. 22/2012.

¶28

3. The learned counsel for the applicant submits that the connected IA for condoning the delay in filing the substitution petition has already been allowed by this Court and as such, the abatement may be set aside.

¶29

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

¶30

5. Accordingly, taking note of the submissions of learned counsel for both the parties, this Court is inclined to allow this application.

¶31

6. Accordingly, the abatement in substituting the legal heirs due to death of the appellant No. 5 in RSA No. 22/2012 stands set aside.

¶32

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

¶33

JUDGE

¶34

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?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Thanu Lahon Vs Kiritmoti Satnami and 2 Ors.

The State of Assam and 2 Ors. Vs Kalpana Devi and Anr.

Sheikh Abdullah Vs the State of Assam and 3 Ors.

On the Death of Pradip Chakraborty His Legal Heirs Arati Chakraborty and 2 0RS Vs Shri Biprajit Chakraborty

On the Death of Pradip Chakraborty His Legal Heirs Arati Chakraborty and 2 Ors. Vs Shri Biprajit Chakraborty

On the Death of Pradip Chakraborty His Legal Heirs Arati Chakraborty Vs Shri Biprajit Chakraborty