Page No.# 1/3 GAHC010230072024 2025:GAU-AS:6857 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : : I.A.(Civil)/1008/2025 NATIONAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET KOLKATA AND ONE OF THE REGIONAL OFFICE G.S. ROAD BHANGAGARH GUWAHATI 5 AND ONE OF ITS BRANCH OFFICE AT SIVASAGAR. VERSUS MD MAINUDDIN ALI AND 5 ORS S/O MD. SIRAJATDIN ALI R/O GHILAGURI P.O. BETBARI P.S. AND DIST. SIVASAGAR PIN 785640 ASSAM. 2:ON THE DEATH OF DEOKON DUTTA HIS LEGAL HEIRS AND 4 ORS NAMELY 2.1:SMT. GUNUMONI DUTTA W/O LATE DEOKAN DUTTA 2.2:PROMOD DUTTA S/O LATE DEOKON DUTTA 2.3:BULL DUTTA S/O LATE DEOKON DUTTA. Page No.# 2/3 2.4:SMT. PURNIMA DUTTA BORAH D/O LAE DEOKON DUTTA 2(A) - 2(D) ALL ARE R/O BRAHMIN GAON P.O. KONWAPUR P.S. SIVASAGAR DIST. SIVASAGAR PIN 785667 ASSAM. 3:NITYANANDA GOHAIN S/O SRI MOHENDRA GOHAIN R/O GHILAMARA LAKHIMPUR P.O. AND P.S. GHILAMARA DIST LAKHIMPUR PIN 787053 ASSAM. ------------ Advocate for : MR. R K BHATRA Advocate for : appearing for MD MAINUDDIN ALI AND 5 ORS BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 28-05-2025 Heard Ms. A. Biyani, learned counsel for the applicant. This is an application for setting aside abatement and granting the permission to substitute the legal heirs and representatives of the deceased respondent no. 2, namely late Deokon Dutta under Order 22 Rule 4 read with Section 151 of the Code of Civil Procedure. It is submitted that during the pendency of the connected appeal, the respondent no. 2, namely late Deokon Dutta expired and the applicant had no knowledge of it, however, they came to know about the death of the respondent Page No.# 3/3 no. 2 from the service report dated 23.02.2024. Thereafter, the applicant tried to collect the information, but inadvertently some delay has been caused while collecting the information and drafting the Miscellaneous application, and, hence, prays for setting aside the abatement. Mr. A. R. Shome, learned counsel for the respondent is also present and he has submitted that the respondent would have no objection. In view of the above, prayer is allowed and the abatement that occurred due to the death of the respondent no. 2 is hereby set aside. With the above, this IA stands disposed of. JUDGE Comparing Assistant