Page No.# 1/4 GAHC010319312019 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/100/2020 NEW INDIA ASSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AT NEW INDIA ASSURANCE BUILDING 87 MAHATMA GANDHI ROAD MAHATMA GANDHI ROAD MUMBAI AND ONE OF THE REGIONAL OFFICE AT ULUBARI GUWAHATI. VERSUS ABED ALI and 5 ORS S/O LATE HAZARAT ALI R/O VILL. KAWRPARA P.O. SUKAMANAH P.S. AND DIST. BARPETA ASSAM. 2:ON THE DEATH OF ABDUS SALAM HIS LEGAL HEIRS AYESHA KHATUN W/O LATE ABDUS SALAM R/O AT VILL. ITERVITA P.O. BARBALA P.S. AND DIST. BARPETA ASSAM. 3:LOKMAN ALI S/O LATE ABDUS SALAM R/O AT VILL. ITERVITA P.O. BARBALA P.S. AND DIST. BARPETA ASSAM. 4:SHARUK ALI S/O LATE ABDUS SALAM R/O AT VILL. ITERVITA Page No.# 2/4 P.O. BARBALA P.S. AND DIST. BARPETA ASSAM. 5:SAIFUL ISLAM S/O LATE ABDUS SALAM R/O AT VILL. ITERVITA P.O. BARBALA P.S. AND DIST. BARPETA ASSAM. 6:NUR AHMED S/O LATE ABDUS SALAM R/O AT VILL. ITERVITA P.O. BARBALA P.S. AND DIST. BARPETA ASSAM. ------------ Advocate for : MR. R K BHATRA Advocate for : appearing for ABED ALI and 5 ORS Linked Case : MFA/51/2016 NEW INDIA ASSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AT NEW INDIA ASSURANCE BUILDING 87 MAHATMA GANDHI ROAD MUMBAI AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD BHANGAGARH GUWAHATI. VERSUS ABED ALI and ANR. S/O LATE HAZARAT ALI R/O VILL. KAWRPARA P.O. SUKAMANAH P.S. and DIST. BARPETA ASSAM. 2:MD. ABDUS SALAM S/O IMAN ALI R/O VILL. ITERVITA P.O. BARBALA P.S. and DIST. BARPETA Page No.# 3/4 ASSAM. ------------ Advocate for : MR A SAIKIA Advocate for : appearing for ABED ALI and ANR. BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date-06.05.2026 1. Heard Ms. A. Biyani, the learned counsel for the applicant. Also heard Ms. P. Talukdar, the learned counsel appearing on behalf of Mr. K. R. Patgiri, the learned counsel for the respondent No.1. 2. This Interlocutory Application has been filed under Order 22 Rule 3 of the Code of Civil Procedure, 1908 by the applicant Insurance Company for setting aside the abatement of the appellant against the respondent No.2 on his death. 3. Though, there was a delay in filing the instant application, however, by order dated 06.05.2026 passed in I.A. (Civil)/99/2020, the said delay has been condoned. 4. The learned counsel for the respondent No.1/claimant has not objected to the prayer. 5. Considering the ground stated in the instant application, the prayer for setting aside the abatement is allowed and the abatement of the connected MFA No. 51/2016 on death of respondent No.2 is, hereby, set aside. Page No.# 4/4 6. This Interlocutory Application is, accordingly, disposed of. JUDGE Comparing Assistant