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2025 DAILYLAW 16056 (GAU)

ON THE DEATH OF MONINDRA DEB HIS LEGAL HEIRS ARATI DEB v. DIPENDRA DEB AND ANR

I.A.(Civil)/2370/2025 · 2025-09-18

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/3 GAHC010155972025 2025:GAU-AS:12970 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2370/2025 ON THE DEATH OF MONINDRA DEB HIS LEGAL HEIRS ARATI DEB W/O LATE MONINDRA DEB, RESIDENT OF VILLAGE KAMALPUR, PO AMBARKHANA, PS AND DIST KARIMGANJ, SRIBHUMI, ASSAM, 788711 VERSUS DIPENDRA DEB AND ANR S/O LATE HARIPADA DEB, RESIDENT OF VILLAGE SHYAMA PRASAD PUR, PO AYLABARI, PS AND DIST KARIMGANJ, ASSAM 2:MAYA RANI DEB D/O LATE HARIPADA DEB W/O SHRI NAREHS BISWAS OF VILL. BADARPUR GHAT CHOWRANGI P.O. BADARPUR DIST. KARIMGANJ Advocate for the Petitioner : MS.SHOMA DASGUPTA, MS SUPRIYA DASGUPTA Advocate for the Respondent : MS. R CHOUDHURY, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 19-09-2025 Page No.# 2/3 Heard Ms. S. Dasgupta, the learned counsel appearing for the appellants/respondents and also heard Ms. R. Choudhury, the learned counsel for the respondents/appellants. 2. The present IA has been filed by the respondent praying for impleadment of the wife of the deceased respondent no. 2. It is submitted by her that vide I.A.(C) 425/2025 dated 29.01.2025 earlier they have intimated regarding the death of respondent no. 2 and also furnished the name of the legal heirs of the deceased respondent no. 2, who were accordingly impleaded by amending the Cause Title. But, inadvertently the name of the wife of the deceased respondent no. 2 namely Arati Deb was not furnished along with the legal heirs of the deceased respondent no. 2 and hence by this instant petition, it has been prayed to implead the name of the wife of deceased respondent no. 2 also as a respondent no. 2.3. 3. Ms. Choudhury, the learned counsel for the appellant submitted in this regard that they have no objection if the wife of the respondent no. 2 is being impleaded as respondent no. 2.3 with the other substituted legal heirs of the respondent no. 2. However, it is submitted by her that in pursuant to the order they have already filed the amended Cause Title impleading the name of the legal heirs of respondent no. 2 as respondent nos. 2.1 and 2.2. 4. In view of this, the present petition is allowed to implead the name of Arati Deb as the legal heir of respondent no. 2. 5. The Registry is hereby directed to insert the name of the present applicant Arati Deb as respondent nos. 2.3 by necessary amendment. Page No.# 3/3 6. This interlocutory application accordingly stands disposed of. JUDGE Comparing Assistant