ON THE DEATH OF MUSTAFIZUR RAHMAN v. RELIANCE GENERAL INSURANCE CO. LTD. AND 2 ORS.
I.A.(Civil)/579/2023 · 2026-06-07
Yarenjungla Longkumer
body2023
DailyLaw.ai
[ 2023 DAILYLAW 1793 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2023 DAILYLAW 1793 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010277522024
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/579/2023 ON THE DEATH OF MUSTAFIZUR RAHMAN HIS LEGAL HEIRS AND REPRESENTATIVES 1.1: JAHANARA BEGUM W/O LATE MUSTAFIZUR RAHMAN R/O VILL-MORI MUSLIM GAON P.O.
P.S. AND DIST-MORIGAON ASSAM PIN-782105 1.2: SAHIL RAHMAN S/O LATE MUSTAFIZUR RAHMAN R/O VILL-MORI MUSLIM GAON P.O.
P.S. AND DIST-MORIGAON ASSAM PIN-782105 1.3: SUHANA RAHMAN D/O LATE MUSTAFIZUR RAHMAN R/O VILL-MORI MUSLIM GAON P.O.
P.S. AND DIST-MORIGAON ASSAM PIN-782105 (BEING MINOR REPRESENTED BY PETITIONER NO. 1) VERSUS RELIANCE GENERAL INSURANCE CO. LTD. AND 2 ORS. DHIANG ARCADE 4TH FLOOR ABC G.S. ROAD GUWAHATI-5
Page No.# 2/3 2:RAKESH DAS S/O MOHIRAM DAS VILL-KACHADHARA (KUMARGAON) P.O.-ALIKUCHI P.S.-RAHA DIST-NAGAON ASSAM PIN-782103 3:MD. IMDAD SHAH S/O MD. RAMJAN ALI VILL-BRIGAON P.O.-DANDUA P.S. AND DIST-MORIGAON ASSAM PIN-782104 ------------ Advocate for : MR. M TALUKDAR Advocate for : MR. A J SAIKIA appearing for RELIANCE GENERAL INSURANCE CO. LTD. AND 2 ORS. BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 08-06-2026 Heard Mr. M. Talukdar, learned counsel for the applicants and Mr. A.J. Saikia, learned counsel for the respondent no. 1/Reliance General Insurance Co. Ltd.
2. The instant petition under Order 22 Rule 3 of the CPC has been filed praying for substitution of legal heirs of the deceased appellant in place of the deceased appellant in MAC Appeal no. 557/2017. 3. By filing the instant application, the applicants are praying for substitution on the expiry of their father/husband who was the appellant in MAC Appeal no. 557/2017. Page No.# 3/3
4. It is stated that the appellant in MAC Appeal no. 557/2017 expired on 14.08.2017 leaving behind the present applicants/legal heirs namely, [i] Jahanara Begum [Wife], [ii] Sahil Rahman [Son] and [iii] Suhana Rahman [minor daughter]. Since the original appellant in MAC Appeal no. 557/2017 has expired, his legal heirs are required to be substituted in this case and the names and addresses of the legal heirs of the deceased appellant have been given in paragraph 3 of the application. 5. In view of the above facts and circumstances, the instant application is allowed and the applicants are allowed to be substituted as the legal heirs of the deceased appellant in place of the deceased appellant in MAC Appeal no. 557/2017. 6.
The learned counsel for the applicants is directed to file an amended cause-title arraying the names of the legal heirs of the appellant in place of the original appellant in MAC Appeal no. 557/2017 within a period of 2 (two) weeks from today. 7. The present application stands disposed of. JUDGE Comparing Assistant