Page No.# 1/3 GAHC010088462025 2025:GAU-AS:6863 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1611/2025 NORTH EAST FRONTIER RAILWAY THROUGH THE GENERAL MANAGER ALIAS NF RAILWAY MALIGAON GUWAHATI- 11 VERSUS ON THE DEATH OF RES NO 2 KHARGESWAR DAS HIS LEGAL HEIR 2.1:SMTI MAKANI DAS W/O LATE KHARGESWAR DAS R/O- VILL- DEORALI UNDER MOUZA CHAYANI PO BONGRA PS- PALASHBARI DIST- KAMRUP ASSAM 781131 2.2:SMTI HIMADRI DAS D/O LATE KHARGESWAR DAS R/O- VILL- DEORALI UNDER MOUZA CHAYANI PO BONGRA PS- PALASHBARI DIST- KAMRUP ASSAM 781131 2.3:SRI MADAN DAS S/O LATE KHARGESWAR DAS Page No.# 2/3 R/O- VILL- DEORALI UNDER MOUZA CHAYANI PO BONGRA PS- PALASHBARI DIST- KAMRUP ASSAM 781131 ------------ Advocate for : MS S CHAKRABORTY Advocate for : GA ASSAM appearing for ON THE DEATH OF RES NO 2 KHARGESWAR DAS BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 28-05-2025 Heard Ms. S. Chakraborty, learned Standing counsel NF, Railway. It is submitted that during the pendency of L.A.App./61/2014 the respondent no. 2 expired on 14.01.2024, however, the right to sue survives. This application has been filed under Order XXII Rule 9 of the Code of Civil Procedure, 1908 praying for setting aside the abetment of LA Appeal no. 61/2014 due to the death of respondent no. 2. Mr. R. Bhuyan, learned counsel appearing for the respondent nos. 1, 2 and 3 and Ms. D. D. Barman, learned Additional Senior Government Advocate appearing for the respondent no. 4 are present and have no objection. In view of the above, the application for setting aside the abetment is allowed. Accordingly, the abetment that occurred due to the death of the Page No.# 3/3 respondent no. 2 is hereby set aside. With the above, this IA stands disposed of. JUDGE Comparing Assistant