Page No.# 1/5 GAHC010187212024 2025:GAU-AS:6696 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2997/2024 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.# 2/5 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 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.# 3/5 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 ------------ Advocate for : MS. S G BARUAH Advocate for : appearing for ON THE DEATH OF DEBIRAM HAJONG HIS LEGAL HEIRS Page No.# 4/5 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 No.4. 2. This is an application seeking setting aside of the abatement of the respondent/defendant No.4 in the original regular second appeal. 3. The brief facts of the case are that in the original second appeal, after the death of the respondent/defendant No.4, since within the prescribed time, no application for substitution of the legal heirs of originalrespondent/defendant No.4 was filed, the appeal was abated against the respondent/defendant No.4. However, subsequently, the applicant having come to know that therespondent/defendant No.4 has expired and after obtaining the details of the legal heirs,has filed the instant application for setting aside the abatement. 4. Ms. S. G. Baruah, learned counsel appearing for the applicant submits that unless the abatement is set aside, the legal heirs of original respondent/defendant No.4 cannot be substituted. 5. I have heard the learned counsel appearing for both the parties and have perused the material available on record. 6. It appears that the respondent/defendant No.4 had expired during the pendency of the title suit. However, since no substitution application was made within the specified time period, the appeal Page No.# 5/5 stood abated against the said deceased respondent/defendant No.4. Therefore,he being survived by his legal heir, the right to sue survives and accordingly, the instant application has been filed for substituting the legal heirs of the original respondent/defendant No.4, as unless and until the abatement is set aside, the legal heir of respondent/defendant No.4 cannot be substituted as respondent Nos. 4A, 4B, 4C, 4D and 4E in the regular second appeal. 7. That being so, it appears that the grounds sought for abatement are sufficient. Accordingly, the abatement in respect of respondent/defendant No.4 in the original suit stands set aside. 8. With above observations and directions, the IA stand allowed and disposed of. JUDGE Comparing Assistant