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2025 DAILYLAW 14852 (GAU)

DAYAL CH DEY v. SUNIL KUMAR KEJRIWAL

I.A.(Civil)/3153/2025 · 2025-10-12

Rajesh Mazumdar

body2025

Judgment text

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Page No.# 1/3 GAHC010208302024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3153/2025 DAYAL CH DEY S/O- LATE NEPAL CH. DEY R/O- BIRUBARI P.O AND P.S- PALTAN BAZAR DIST- KAMRUP METRO ASSAM PIN-781001 REP. BY HIS POWER OF ATTORNEY HOLDER BISWAJIT BARUAH S/O- LATE MANIK BARUAH R/O- AKASH BLOCK FLAT NO-201 SUBHAM HEIGHT KAHILIPARA ROAD NEAR FORENSIC LABORATORY KAHILIPRA GUWAHATI-19 DIST-KAMRUP METRO ASSAM. VERSUS SUNIL KUMAR KEJRIWAL S/O LATE ROHITASH PRASAD AGARWALA PROPRIETOR OF BUSINESS ESTABLISHMENT HAVING TRADE NAME MEMCHAND ROHITASH PRASAD RESIDENT OF SRCB ROAD BELOW ALLAHABAD BANK FANCY BAZAR GUWAHATI 781001 ------------ Advocate for : MR M.J. BHARALI Advocate for : appearing for SUNIL KUMAR KEJRIWAL Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 13-10-2025 Heard Mr. M. J. Bharali, learned counsel appearing for the applicant. This application has been filed praying to be allowed to substitute the name of the respondent no. 7 (since deceased) by his legal heir namely Mr. Sunil Kumar Kejriwal. This matter is being taken up today after it was filed in the month of June, 2025, and Mr. P. K. Roychoudhury, learned counsel has entered appearance on behalf of the respondent no. 7 (since deceased) and has submitted that he has no objection if the prayer for substitution is allowed. He also submits that he shall be representing the respondent who is now substituting the original respondent no. 7. Mr. P. K. Roychoudhury, learned counsel also appears for the respondent nos. 4, 5 and 6. The learned State counsel appearing for the State respondents also did not object to the prayer made by the applicant. In view of the representation on behalf all the respondents who did not object to the application filed by the applicant for substitution of the respondent no. 7, this application is allowed. The name of Mr. Sunil Kumar Kejriwal, son of late Rohitash Prasad Page No.# 3/3 Agrawala proprietor of business establishment having trade name as ‘Memchand Rohitash Prasad’ will now be substituted in place of the original respondent no. 7, Rohitash Prasad Agrawala in WP(C)/5164/2024. This IA stands allowed and disposed of. JUDGE Comparing Assistant