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2025 DAILYLAW 19436 (GAU)

MD. ROYAL ALI v. CHANDA DEVI JAIN AND ORS

I.A.(Civil)/3785/2024 · 2025-08-05

Robin Phukan

body2025

Judgment text

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Page No.# 1/3 GAHC010211842024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3785/2024 MD. ROYAL ALI S/O LATE JAMIR ALI VILL.- NORTH JALUKBARI P.O.- GAUHATI UNIVERSITY P.S.- JALUKBARI DIST.- KAMRUP (M) ASSAM PIN- 781014. VERSUS CHANDA DEVI JAIN AND ORS W/O LATE PRADIP KUMAR JAIN R/O MANI BHAWAN MALIGAON GATE GATE NO. 1 P.O.- MALIGAON GUWAHATI- 11 P.S.- JALUKABARI DIST.- KAMRUP (M) ASSAM. 2:DIPAK JAIN S/O LATE PRADIP KUMAR JAIN R/O MANI BHAWAN MALIGAON GATE GATE NO. 1 P.O.- MALIGAON GUWAHATI- 11 P.S.- JALUKABARI DIST.- KAMRUP (M) ASSAM. Page No.# 2/3 3:VEENTI KUMAR JAIN S/O LATE PRADIP KUMAR JAIN R/O MANI BHAWAN MALIGAON GATE GATE NO. 1 P.O.- MALIGAON GUWAHATI- 11 P.S.- JALUKABARI DIST.- KAMRUP (M) ASSAM. 4:POOJA JAIN D/O LATE PRADIP KUMAR JAIN R/O MANI BHAWAN MALIGAON GATE GATE NO. 1 P.O.- MALIGAON GUWAHATI- 11 P.S.- JALUKABARI DIST.- KAMRUP (M) ASSAM. ------------ Advocate for : MR. D P CHALIHA Advocate for : MR K JAIN appearing for CHANDA DEVI JAIN AND ORS BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 06.08.2025 Heard Mr. D.P. Chaliha, learned Senior counsel assisted by Ms. M. Roy, learned counsel for the applicant/appellant and also heard Mr. S.A. Bakhtiar, learned counsel for the opposite parties/respondents. This application under Order 22 Rule 4 of the Code of Civil Procedure, 1908 is preferred by the applicant for substitution of the legal heirs of the deceased respondent/defendant, namely, Pradip Kumar Jain in FAO No.76/2023. Mr. Chaliha, learned Senior counsel for the applicant submits that the sole respondent/defendant, namely, Pradip Kumar Jain, suffered demise on 10.05.2024, Page No.# 3/3 leaving behind four legal heirs, namely, Chanda Devi Jain, Dipak Jain, Veenti Kumar Jain and Pooja Jain and they are required to be impleaded as respondents in place of the deceased respondent/defendant. Mr. Bakhtiar, learned counsel for the opposite parties, submits that he has no objection. Taking note of the submission of learned counsel for both the parties and also considering the facts and circumstances on the record, this interlocutory application stands allowed. The names of four legal heirs as mentioned herein above be impleaded as respondents, in place of deceased respondent/defendant, in the FAO No.76/2023. The learned counsel for the applicant shall file amended cause title in FAO No.76/2023 within a period of one week from today. Comparing Assistant Sd/- Robin Phukan JUDGE