Page No.# 1/5 GAHC010308892019 2025:GAU-AS:2539 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Civil)/1488/2022 ABDUL GAFUR S/ O LT. MAHAMMAD ALI R/O VILL HAIDOBI MOUZA- BATADRABA DIST. NAGAON ASSAM VERSUS AFIA KHATUN AND 13 ORS. W/O LT. NURUL ISLAM R/O VILL- HAIDOBI PO- KADAMONI MOUZA- BATADRABA DIST. NAGAON PIN-782122 2:AZIZUL HAQUE S/O LT. NURUL ISLAM R/O VILL- HAIDOBI PO- KADAMONI MOUZA- BATADRABA DIST. NAGAON PIN-782122 3:AZAHARUDDIN S/O LT. NURUL ISLAM R/O VILL- HAIDOBI PO- KADAMONI MOUZA- BATADRABA DIST. NAGAON PIN-782122 4:ALIZA KHATUN D/O LT. NURUL ISLAM Page No.# 2/5 R/O VILL- HAIDOBI PO- KADAMONI MOUZA- BATADRABA DIST. NAGAON PIN-782122 5:ON THE DEATH OF ABU TAHER HIS LEGAL HEIRS 5.1:HUSNARA BEGUM W/O LATE ABU TAHER R/O VILL. HAIDOBI P.O. KADAMONI MOUZA-BATADRABA DIST. NAGAON PIN-78212 5.2:ANJUWARA KHATUN D/O ABU TAHER R/O VILL. HAIDOBI P.O. KADAMONI MOUZA-BATADRABA DIST. NAGAON PIN-78212 5.3:PARBIN SULTANA D/O ABU TAHER R/O VILL. HAIDOBI P.O. KADAMONI MOUZA BATADARBA DIST. NAGAON PIN-78212 5.4:SABIKUN NEHAR D/O ABU TAHER R/O VILL. HAIDOBI P.O. KADAMONI MOUZA BATADARBA DIST. NAGAON PIN-78212 5.5:JANATUL NEHAR D/O ABU TAHER R/O VILL. HAIDOBI P.O. KADAMONI MOUZA BATADARBA DIST. NAGAON PIN-78212 5.6:SAHIDUL ALAM D/O ABU TAHER R/O VILL. HAIDOBI P.O. KADAMONI MOUZA BATADARBA Page No.# 3/5 DIST. NAGAON PIN-78212 5.7:AKRAMUL HUSSAIN D/O ABU TAHER R/O VILL. HAIDOBI P.O. KADAMONI MOUZA BATADARBA DIST. NAGAON PIN-78212 6:MARIUM NESSA D/O LT. ABDUL MOZID R/O VILL- HAIDOBI PO- KADAMONI MOUZA- BATADRABA DIST. NAGAON PIN-782122 7:MALIKA KHATUN D/O LT. ABDUL MOZID R/O VILL- HAIDOBI PO- KADAMONI MOUZA- BATADRABA DIST. NAGAON PIN-782122 8:JOSNARA BEUMA D/O LT. ABDUL MOZID R/O VILL- HAIDOBI PO- KADAMONI MOUZA- BATADRABA DIST. NAGAON PIN-782122 ------------ Advocate for : MR. R GOSWAMI Advocate for : MR. R ALI appearing for AFIA KHATUN AND 13 ORS. BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 10.03.2025 Learned counsel Mr. R.Goswami is present for the applicant and learned Page No.# 4/5 counsel Mr. M.Boro is present for the respondent/opposite party Nos. 1, 2, 3, 4, 6, 7 and 8. This application under Order 1 Rule 10 (2) r/w Section 151 and 153 of the CPC has been filed by the applicant for impleadment of one respondent. It is submitted that the applicant filed I.A. (Civil) No.2516/2018 in CRP ( I/O) 56/2018 under Order XXII Rule 2 of the Code of Civil Procedure for substitution of legal heirs of respondent no. 5, Abu Taher in CRP (I/O) No. 56/2018. The name of the legal heirs were wrongly typed and one of the name was not added in (Civil) No.2516/2018. This Court after going through the service report directed the applicant to take fresh steps and accordingly fresh steps were taken. The learned counsel for the respondent Nos. 1 to 4 had earlier submitted before this Court on 15.03.2018 that Abu Taher expired on 13.05.2016. Therefore, as per order dated 02.04.2018 passed in the CRP (I/O) No.56/2018, this Court had directed the applicant to take steps for substitution of legal heirs of respondent No.5. There was a typographical error in the spelling of names of legal heirs of respondent No. 5 in I.A(Civil) No.2516/2018. When, it was informed by the learned counsel for the respondent Nos. 1 to 5 beofre the Court about the spelling mistake, then this Court passed the order to correct the names. The corrected names of the legal heirs of the respondent no. 5 are Husnara Begum, Miss Anjuwara Khatun, Parbin Sultana, Sabikur Nehar, Nanatul Nehar, Md. Sahidul Alam and Akramul Hussain. The applicant has prayed to correct the spelling of the names of legal heirs of Abu Taher mentioned above. The applicant has also prayed to add one more name as respondent No.5 (e) namely, Janatul Nehar as it has come to the knowledge of the applicant, much later that Janatul Nehar is also a respondent in I.A.(Civil) No.2516/2018. The Page No.# 5/5 applicants were never informed about Janatul Nehar. The learned counsel for the opposite party/ respondent has no objection. Considering the error apparent, this interlocutory application is allowed and the name of Janatul Nehar is allowed to be impleaded as respondent No. 5 (e). In terms of the above observations, the interlocutory application stands allowed. JUDGE Comparing Assistant