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2025 DAILYLAW 11993 (GAU)

SMTI GIRO BALA RAJBONGSHI v. UNITED INDIA INSURANCE CO LTD

I.A.(Civil)/1610/2025 · 2025-06-17

Robin Phukan

body2025

Judgment text

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Page No.# 1/2 GAHC010096582025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1610/2025 SMTI GIRO BALA RAJBONGSHI W/O- LATE TARUN RAJBONGSHI, MOTHER OF THE DECEASED MONESWAR RAJBONGSHI. 2: SRI PINKU RAJBONGSHI @ PRANJAL RAJBONGSHI SON OF THE DECEASED. 3: MISS PRIANKA RAJBONGSHI @ PRIANKA ROY DAUGHTER OF THE DECEASED ALL ARE RESIDENTS OF BALITARA P.S. GHOGRAPAR P.O. GHOGRAPAR- 781369 DIST.- NALBARI ASSAM VERSUS UNITED INDIA INSURANCE CO LTD HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD, CHENNAI- 600014 WITH ONE OF ITS REGIONAL OFFICE AT G.S. ROAD, CHRISTIANBASTI, GUWAHATI-5, REP. BY ITS CHIEF REGIONAL MANAGER. Advocate for the Petitioner : MR J MOLLAH, MS. S P DAS,MRS. A BHANU Advocate for the Respondent : MR. R C PAUL, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 18.06.2025 Heard Mr. J. Mollah, learned counsel for the applicant and Mr. R.C. Paul, Page No.# 2/2 learned counsel for the opposite party. 2. This interlocutory application, under Order 1 Rule 10(2) of the CPC, is preferred by the applicant for impleadment of necessary parties. 3. Mr. Mollah, learned counsel for the applicant submits that in the Cross- Objection (filing) No. 499/2024 of MAC Appeal No. 434/2019, the applicant has not impleaded the driver, namely, Md. Habibur Rahman; owner, namely, Md. Nur Mahammad; and driver, namely, Sri Ganesh Das, as respondent Nos. 4, 5 & 6. Mr. Mollah further submits that they are the necessary parties in the aforementioned appeal and therefore, they may be impleaded for proper adjudication of the dispute. 4. Mr. Paul, learned counsel for the opposite party submits that he has no objection. 5. Taking note of the submissions of learned counsel for both the parties, the driver, namely, Md. Habibur Rahman; owner, namely, Md. Nur Mahammad; and driver, namely, Sri Ganesh Das, shall be impleaded as respondent Nos. 4, 5 & 6 in the Cross-Objection (filing) No. 499/2024 of MAC Appeal No. 434/2019. 6. In terms of above, this IA stands disposed of. 7. The learned counsel for the applicant shall file amended cross-objection within a period of one week from today. JUDGE Comparing Assistant