Page No.# 1/5 GAHC010202822025 2025:GAU-AS:12971 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2983/2025 RAHIMA BEGUM W/O LATE FARAJ ALI, RESIDENT OF VILL BHAIRAGURI GAON PAM MOUZA NAGAON DIST BARPETA ASSAM 781309 2: FANNAS ALI S/O LATE FARAJ ALI RESIDENT OF VILLAGE BHAIRAGURI GAON PAM MOUZA NAGAON PS AND DIST BARPETA ASSAM 3: AKKAS ALI S/O LATE FARAJ ALI RESIDENT OF VILLAGE BHAIRAGURI GAON PAM MOUZA NAGAON PS AND DIST BARPETA ASSAM 4: FUL KHATUN D/O LATE FARAJ ALI RESIDENT OF VILLAGE BHAIRAGURI GAON PAM MOUZA NAGAON PS AND DIST BARPETA ASSAM 5: HASINA KHATUN D/O LATE FARAJ ALI RESIDENT OF VILLAGE BHAIRAGURI GAON PAM MOUZA NAGAON PS AND DIST BARPETA ASSAM 6: AMINA KHATUN D/O LATE FARAJ ALI Page No.# 2/5 RESIDENT OF VILLAGE BHAIRAGURI GAON PAM MOUZA NAGAON PS AND DIST BARPETA ASSA VERSUS AZIMUDDIN S/O LATE ANSER ALI, RESIDENT OF VILLAGE BHAIRAGURI GAON PAM, MOUZA NAGAON, PS AND DIST BARPETA ASSAM 2:TOFAJJAL ALI S/O AZIMUDDIN RESIDENT OF VILLAGE BHAIRAGURI GAON PAM MOUZA NAGAON PS AND DIST BARPETA ASSAM 3:HABIJUL ALI S/O AZIMUDDIN RESIDENT OF VILLAGE BHAIRAGURI GAON PAM MOUZA NAGAON PS AND DIST BARPETA ASSAM 4:ABDUL JALIL S/O LATE MOSLEM UDDIN RESIDENT OF VILLAGE BHAIRAGURI GAON PAM MOUZA NAGAON PS AND DIST BARPETA ASSAM 5.1:LEGAL HEIRS OF NUR HUSSIAN S/O AJGAR ALI MATIBAR ALI (SON) RESIDENT OF VILLAGE BHAIRAGURI GAON PAM MOUZA NAGAON PS AND DIST BARPETA ASSAM 5.2:HABIBAR ALI (SON) RESIDENT OF VILLAGE BHAIRAGURI GAON PAM MOUZA NAGAON PS AND DIST BARPETA ASSAM 6:KERAMAT ALI S/O KISMAT ALI Page No.# 3/5 RESIDENT OF VILLAGE BHAIRAGURI GAON PAM MOUZA NAGAON PS AND DIST BARPETA ASSAM 7:RUSTAM ALI S/O OSMAN ALI RESIDENT OF VILLAGE BHAIRAGURI GAON PAM MOUZA NAGAON PS AND DIST BARPETA ASSAM 8:MAHAR ALI S/O BASER KHA RESIDENT OF VILLAGE BHAIRAGURI GAON PAM MOUZA NAGAON PS AND DIST BARPETA ASSAM 9:MAHIMUDDIN S/O LATE ANSER ALI RESIDENT OF VILLAGE BHAIRAGURI GAON PAM MOUZA NAGAON PS AND DIST BARPETA ASSAM 10.1:LEGAL HEIRS OF SOMEJUDDIN S/O LATE OSMAN ALI NURUL HAQUE (SON) RESIDENT OF VILLAGE BHAIRAGURI GAON PAM MOUZA NAGAON PS AND DIST BARPETA ASSAM 10.2:HAZRAT ALI RESIDENT OF VILLAGE BHAIRAGURI GAON PAM MOUZA NAGAON PS AND DIST BARPETA ASSA Advocate for the Petitioner : MR. P SARMA, MR. I CHOUDHURY Advocate for the Respondent : , Page No.# 4/5 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 19-09-2025 Heard Mr. P. Sarma, the learned counsel appearing for the applicant/appellant. 2. This is an application under Order 22 Rule 4 CPC for substitution of legal heirs of respondent no. 4. 3. It is submitted by Mr. Sarma that while filing the connected RSA they were not aware about the expiry of the respondent no. 4 and it came to the knowledge of the appellant only on 01.08.2025 wherefrom after perusal of the Office Note they came to know that the respondent no. 4 already expired. However, to collect the name and address and the legal heirs of the respondent no. 4 they went to the house of the respondent no. 4 but they refused to provide the date of death certificate of respondent no. 4. Thereafter, they collected the name and address of the legal heirs of the respondent no. 4 from the neighbours and vide the instant petition they prayed to implead the legal heirs of respondent no. 4, namely, (i) Surbanu Nessa (ii) Surut Jamal (iii) Abdul Kadir (iv) Anowar Hussain (v) Sanidul Islam as respondent nos. 4(i), 4(ii), 4(iii), 4(iv) and 4(v) respectively. He further submitted that as the death of the respondent no. 4 came to the knowledge of the appellant only after 01.08.2025, thereafter collecting the name and address of the legal heirs of respondent no. 4 they have filed the instant petition for substitution within a period of limitation. 4. Considering the submission made by learned counsel for the applicant, this interlocutory application is allowed directing the appellant to amend the Cause Page No.# 5/5 Title by impleading the legal heirs of respondent no. 4 as respondent nos. 4(i), 4(ii), 4(iii), 4(iv) and 4(v). 5. With the above observations, the present IA stands disposed of. JUDGE Comparing Assistant