Page No.# 1/3 GAHC010176432024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/608/2025 UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER N.F. RAILWAY MALIGAON GUWAHATI-11 ASSAM VERSUS ON THE DEATH OF KALYAN CHAKRABORTY HIS LEGAL HEIRS KANTI PRABHA CHAKRABORTY AND ORS W/O LATE KALYAN CHAKRABORTY R/O LANKA TOWN WARD NO. 05 P.O. AND P.S. LANKA DISTRICT HOJAI ASSAM 2:KAMAL CHAKRABORTY S/O LATE KALYAN CHAKRABORTY R/O LANKA TOWN WARD NO. 05 P.O. AND P.S. LANKA DISTRICT HOJAI ASSAM 3:KARUNAMAYEE CHAKRABORTY S/O LATE KALYAN CHAKRABORTY R/O LANKA TOWN WARD NO. 05 P.O. AND P.S. LANKA DISTRICT HOJAI ASSAM Page No.# 2/3 4:KANIKA BHATTACHARYA D/O LATE KALYAN CHAKRABORTY R/O LANKA TOWN WARD NO. 05 P.O. AND P.S. LANKA DISTRICT HOJAI ASSAM 5:ETI MOITRA D/O LATE KALYAN CHAKRABORTY R/O LANKA TOWN WARD NO. 05 P.O. AND P.S. LANKA DISTRICT HOJAI ASSAM ------------ Advocate for : GAUTAM GOSWAMI Advocate for : appearing for ON THE DEATH OF KALYAN CHAKRABORTY HIS LEGAL HEIRS KANTI PRABHA CHAKRABORTY AND ORS Linked Case : MFA/83/2012 UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER N.F. RAILWAY MALIGAON GUWAHATI-11 ASSAM VERSUS KALYAN CHAKRABORTY S/O SRI KUMUD CHAKRABORTY VILL. PASBARI P.S. DIPHU DIST. KARIANGLONG ASSAM. ------------ Advocate for : MRS. M PHUKAN Advocate for : MR.H K GOGOI appearing for KALYAN CHAKRABORTY Page No.# 3/3 BEFORE HON’BLE MR. JUSTICE BUDI HABUNG 05/05/2025 Heard Mr. G Goswami, learned counsel for the applicant. Also heard Mr. M H Laskar, learned counsel appearing on behalf of all the respondents. This is an application under Order XXII Rule 9 of the Code of Civil Procedure for setting aside the abetment of MFA No. 83/2012 (UOI Vs. Kalyan Chakraborty). It is submitted that during the pendency of MFA No. 83/2012, the counsel for the respondent has received an information that the respondent Kalyan Chakraborty had expired on 02.08.2016, and since the applicant/appellant was ignorant about the death of the said respondent, they could not file application for substitution of the legal representatives of the defendant within the limitation period and the matter was abetted. By this application, the applicant prays for setting aside the abetment of MFA No. 83/2012. Mr. Laskar, learned counsel appearing on behalf of all the respondents has no objection. In view of the above, the prayer is allowed. The abetment of MFA No. 83/2012 due to the death of respondent Kalyan Chakraborty is hereby set aside. With the above, this I.A. stands disposed of. JUDGE Comparing Assistant