Page No.# 1/3 GAHC010147562024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Civil)/3381/2024 MUSSTT JAFURUN NESSA LASKAR W/O MD. ABDUL MUKTADIR MAJHARBHUIYA D/O LATE ISMAIL ALI LASKAR R/O TARAPUR PART VI GENERALLY KNOWN AS RAMNAGAR P.O. and P.S. SILCHAR PIN 788003 DIST. CACHAR ASSAM. VERSUS ON THE DEATH OF MABARUN NESSA W/O LATE MOTAHIR ALI BARBHUIYA HER LEGAL HEIR.. 1.1:RAJIA BEGUM W/O ANWAR ALI SADIAL R/O RAMNAGAR TARAPUR PART-VI P.O. AND P.S. SICLAHAR PIN 788003 DISTRICT CACHAR ASSAM 2:MUSSTT. RUSTANA BEGUM Page No.# 2/3 W/O MD. RIAJUDDIN BARLASKAR NOW RESIDING AT VILL. ARJANPUR P.O. KANAIBAZAR P.S. PATHERKANDI DIST. KARIMGANJ ASSAM PH NO. 96783553549 3:MD. JAYED HUSSAIN BARLASKAR S/O MD. MATIBUR RAHMAN BARLASKAR OF TARAPUR RAMNAGAR P.O. and P.S. SILCHAR PIN 788003 DIST. CACHAR ASSAM NOW RESIDING IN THE HOUSE OF MATERNAL UNCLE MD. NAZRUL ISLAM BARLASKAR ------------ Advocate for : MR. S D PURKAYASTHA Advocate for : MR. B BORGOHAIN appearing for ON THE DEATH OF MABARUN NESSA BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : --21.02.2025 Heard Ms. S.S. Bora, the learned counsel for the applicant and also heard Ms. S.G. Baruah, the learned counsel appearing on behalf of respondent nos. 1, 2 & 3. 2. This is an application under Order VI Rule 17 read with Section 151 CPC for amendment of the petition for setting aside the abatement order. 3. It is submitted by Ms. Bora that inadvertently in petition for substitution which is registered as I.A.(Civil) 2470 of 2024, the Rule is quoted wrongly and instead of Order XXII of Rule 9(2) it has been mentioned as Order XXII Rule 4 Page No.# 3/3 (5) read with Section 151 CPC and it accordingly needs correction. It is submitted that the Rule was wrongly quoted only due to inadvertently and accordingly prayed for amendment of the operation of its Rule and it is prayed for to insert Rule 9(2) in the Cause Title of the said petition in place of Rule 4(5) which is wrongly quoted. 4. Ms. S.H. Baruah, the learned counsel appearing for the respondents raised no objection. 5. Considering the submission made by learned counsel for both sides, the present petition is allowed and accordingly the Cause Title of the petition which is numbered as I.A.(Civil) 2470 of 2024 praying for setting aside of abatement order is allowed. 6. With the above observations, the IA is disposed of. JUDGE Comparing Assistant