Page No.# 1/7 GAHC010187212024 2025:GAU-AS:6696 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3000/2024 ON THE DEATH OF SUREN GOGOI HIS LEGAL HEIRS NAMELY 1.1: MOMI GOGOI W/O LATE SUREN GOGOI R/O NAKARI WARD NO. 3 P.O.-NORTH LAKHIMPUR P.S.-NORTH LAKHIMPUR DIST- LAKHIMPUR ASSAM 1.2: POMPI DUTTA GOGOI W/O LATE SUREN GOGOI R/O NAKARI WARD NO. 3 P.O.-NORTH LAKHIMPUR P.S.-NORTH LAKHIMPUR DIST- LAKHIMPUR ASSAM 1.3: CHANDAN GOGOI S/O LATE SUREN GOGOI R/O NAKARI WARD NO. 3 P.O.-NORTH LAKHIMPUR P.S.-NORTH LAKHIMPUR DIST- LAKHIMPUR ASSAM 1.4: ANEE GOGOI D/O LATE SUREN GOGOI Page No.# 2/7 R/O NAKARI WARD NO. 3 P.O.-NORTH LAKHIMPUR P.S.-NORTH LAKHIMPUR DIST- LAKHIMPUR ASSAM 1.5: SURAJ GOGOI S/O LATE SUREN GOGOI R/O NAKARI WARD NO. 3 P.O.-NORTH LAKHIMPUR P.S.-NORTH LAKHIMPUR DIST- LAKHIMPUR ASSAM 1.6: DIBYAJUT GOGOI S/O LATE SUREN GOGOI R/O NAKARI WARD NO. 3 P.O.-NORTH LAKHIMPUR P.S.-NORTH LAKHIMPUR DIST- LAKHIMPUR ASSAM 1.7: PRADHAN GOGOI S/O LATE SUREN GOGOI R/O NAKARI WARD NO. 3 P.O.-NORTH LAKHIMPUR P.S.-NORTH LAKHIMPUR DIST- LAKHIMPUR ASSAM VERSUS ON THE DEATH OF DEBIRAM HAJONG HIS LEGAL HEIRS AND ANR NAMELY 1.1:MALIKA HAJONG W/O LATE DEBIRAM HAJONG R/O WARD NO. 1 MOUZA NAKARI P.S.-NORTH LAKHIMPUR DIST- LAKHIMPUR ASSAM 1.2:BASUDEV HAJONG Page No.# 3/7 S/O LATE DEBIRAM HAJONG R/O WARD NO. 1 MOUZA NAKARI P.S.-NORTH LAKHIMPUR DIST- LAKHIMPUR ASSAM 1.3:PALAD HAJONG S/O LATE DEBIRAM HAJONG R/O WARD NO. 1 MOUZA NAKARI P.S.-NORTH LAKHIMPUR DIST- LAKHIMPUR ASSAM 1.4:SAILYA HAJONG D/O LATE DEBIRAM HAJONG R/O WARD NO. 1 MOUZA NAKARI P.S.-NORTH LAKHIMPUR DIST- LAKHIMPUR ASSAM 1.5:MOROMI HAJONG S/O LATE DEBIRAM HAJONG R/O WARD NO. 1 MOUZA NAKARI P.S.-NORTH LAKHIMPUR DIST- LAKHIMPUR ASSAM 2:ON THE DEATH OF SUBAL HAJONG HIS LEGAL HEIRS NAMELY 2.1:CHUNDAMONI HAJONG W/O LATE SUBAL HAJONG R/O WARD NO. 1 MOUZA-NAKARI P.S.-NORTH LAKHIMPUR DIST- LAKHIMPUR ASSAM 2.2:AROBINDO HAJONG S/O LATE SUBAL HAJONG R/O WARD NO. 1 MOUZA-NAKARI P.S.-NORTH LAKHIMPUR Page No.# 4/7 DIST- LAKHIMPUR ASSAM 2.3:AMIN HAJONG S/O LATE SUBAL HAJONG R/O WARD NO. 1 MOUZA-NAKARI P.S.-NORTH LAKHIMPUR DIST- LAKHIMPUR ASSAM 2.4:RUMIN HAJONG S/O LATE SUBAL HAJONG R/O WARD NO. 1 MOUZA-NAKARI P.S.-NORTH LAKHIMPUR DIST- LAKHIMPUR ASSAM 2.5:RIMI HAJONG S/O LATE SUBAL HAJONG R/O WARD NO. 1 MOUZA-NAKARI P.S.-NORTH LAKHIMPUR DIST- LAKHIMPUR ASSAM ------------ Advocate for : MS. S G BARUAH Advocate for : appearing for ON THE DEATH OF DEBIRAM HAJONG HIS LEGAL HEIRS AND ANR BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 26.05.2025 Heard Ms. S. G. Baruah, learned counsel appearing for the applicant. Also heard Ms. P. Boruah, learned counsel appearing on behalf of respondent Nos.4A to 4E and 6A to 6E. 2. The instant interlocutory application has been filed for Page No.# 5/7 substituting the legal heirs of respondent No.4 i.e. Debiram Hajong and respondent No.6 i.e. Subal Hajong in the regular second appeal no. 260/2016. 3. It appears that the original respondent Nos. 4 expired during the pendency of the title suit and respondent No. 6 expired during the pendency of this appeal and accordingly, this application has been filed for substituting legal heirs of the respondent No.4 and 6 respectively. 4. Ms. S. G. Baruah, learned counsel appearing for the applicant, submits that unless the legal heirs of the respondent Nos.4 and 6 are substituted, serious prejudice would be caused to the applicant as the appeal shall not proceed against them. 5. I have heard the learned counsel appearing for both the parties and have perused the material available on record. 6. It appears that during the pendency of the second appeal, the original appellant Shri Suren Gogoi expired on 30.08.2019. Relevant paragraphs of the application are reproduced hereunder for ready reference:- “2. That during the pendency of the second appeal, the original appellant ShriSurenGogoi expired on 30.08.2019. The deceased appellant has left behind his two wife's namely MomiGogoi and PompiDuttaGogoi and four sons and one daughter namely Chandan Gogol, Anee Gogol, SurajGogoi, DibyajutGogoi and PradanGogoi. 3. That the applicants no. 1 A, 2, 3, 4, 5, 6 and 7 on 08.04.2024 filed an Interlocutory Application in the second appeal praying for substitution of the legal heirs of the deceased appellant ShriSurenGogoi which was numbered as I.A (C) No. 1187/2024 and on 15.05.2024 the Hon'ble Court by an Order dated 15.05.2024 issued notice making it returnable after 6 weeks and also directed the applicants to take steps upon the Respondent No's. 2 to 13 by Page No.# 6/7 way of Registered Post with A/D as well as through usual process and the applicants as such took steps upon the Respondent No's. 2 to 13 by way of Registered Post with A/D as well as through usual process. 4. That after taking steps upon the Respondent Nos. 2 to 13 by Registered Post with A/D as well as through usual process the matter came up before the Hon'ble Court on 31.07.2024 and by going through the case records of the I.A (C) No. 1187/2024, the counsel of the applicants came to know that the service upon respondent/defendant no. 4 and respondent/ defendant no. 6 in I.A (Civil) No. 1187/2024 i.e., Respondent/Defendant No. 4 ShriDebiramHajong and Respondent/Defendant No. 6 ShriSubalHajong came back unservedalongwith a report that the respondent/defendant no. 4 and respondent/defendant no. 6 expired and service upon respondent/defendant no. 4 and respondent/defendant no. 6 could not be completed as such the Hon'ble Court on 31.07.2024 by an Order dated 31.07.2024 allowed the applicants to file appropriate petition with regard to it. Hence the instant application for substitution of the legal heirs of the deceased respondent/defendant no. 4 and respondent/defendant no. 6 is filed and there is a delay in filing the instant petition as with regard to the death of the Respondent/Defendant No. 4 and 6 came to the knowledge of the applicants only on 31.07.2024 and thereafter it took some days for the applicants to collect the names and addresses of the legal heirs of Respondent/Defendant No. 4 and 6. 5. That accordingly the original respondent/defendant no. 4 having expired, all five legal heirs with regard to Respondent/defendant no. 4 are required to be substituted as Respondent no. 4A, 4B, 4C, 4D and 4E being the other surviving legal heirs and the same may be permitted to be brought on record. 6. That accordingly the original respondent/defendant no. 6 having expired, all five legal heirs with regard to Respondent/defendant no. 6 are required to be substituted as Respondent no. 6A, 6B, 6C, 6D and 6E being the other surviving legal heirs and the same may be permitted to be brought on record.” 7. Reading of the aforesaid paragraphs, it appears that original respondent No.4 has expired during the pendency of the title suit and Page No.# 7/7 as such, his legal heirs being the other surviving legal heirs are required to be brought on record. Accordingly, it is provided that Malika Hajong, Basudev Hajong, Palad Hajong, Sailya Hajong and Moromi Hajong be substituted in place of respondent No.4 as respondent Nos.4A, 4B, 4C, 4D and 4E 8. It further appears that the original respondent No.6 having expired, his legal heirs being the other surviving legal heirs are required to be brought on record. Accordingly, it is provided that Subal Hajong, his legal heirs Chundamoni Hajong, Arobindo Hajong, Amin Hajong, Rumin Hajong and Rimi Hajong be substituted in place of respondent No.6 as respondent Nos. 6A, 6B, 6C, 6D and 6E. 9. Ordered accordingly. 10. With above observation and direction, the substitution application stands allowed and disposed of. 11. Let an amended cause-title be submitted before the Registry for doing the needful. JUDGE Comparing Assistant