Page No.# 1/6 GAHC010308892019 2025:GAU-AS:2539 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1484/2022 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 R/O VILL- HAIDOBI PO- KADAMONI MOUZA- BATADRABA DIST. NAGAON Page No.# 2/6 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 DIST. NAGAON PIN-78212 5.7:AKRAMUL HUSSAIN Page No.# 3/6 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-78212 Advocate for the Petitioner : MR. R GOSWAMI, MS. P PATHAK,MS. R DEVI,MR. M P BHUYAN,MRS. K GOSWAMI,MS. P KALITA Advocate for the Respondent : MR. R ALI, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 10.03.2025 1. Learned counsel Mr. R.Goswami is present for the applicant and learned counsel Mr. M.Boro is present for the respondent/opposite party Nos. 1, 2, 3, 4, Page No.# 4/6 6, 7 and 8. 2. 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 respondent No.5, Abu Taher who had passed away on 13.05.2016. 3. The applicant begs to state that, the advocate for the respondent /opposite party Nos.1 to 4 earlier submitted before this Hon'ble Court on 15/03/2018 that the respondent no. 5, Abu Taher has expired on 13/05/2016. Therefore as per order dated 02/04/2018 passed in CRP (I/O) No. 56/2018 this Hon'ble Court directed the petitioner to take steps for substitution of legal heirs of the respondent no. 5. The legal heirs of the respondent no. 5 are his wife Hasanara Begum and 3 daughters, viz., Miss Anjuma Khatun, Sultana Khatun, Miss Sabiqun Khatun, and 2 sons Md. Akram Hussain and Md. Shahidul Hoque. They all are the necessary party in the revision petition and therefore prays before this Hon'ble Court to allow this substitution petition to bring the names of the surviving legal representatives of late Abu Taher in this revision petition as opposite parties and to proceed with the petition. It is pertinent to mention herein that there was delay in the substitution of the legal heirs of the respondent No. 5 since no occasion arose in the Title Execution Case No. 15/14 to substitute the same as the petitioner had no knowledge about suits/appeals etc. pending before the court. It is noteworthy that this substitution petition is filed as per order dated 02/04/2018 passed by this court. 4. The applicant begs to state that, there was a spelling mistake (typographical error) of the names of the legal heirs of the Respondent No. 5 Abu Taher in the 1.A.(C) No. 2516/2018 in CRP (I/O) No. 56/2018 which it was already been filed and steps were also taken by the petitioner. However when it Page No.# 5/6 is informed by the Ld.counsel of the respondent No.1 to 5 before the Hon'ble court about the spelling mistake then the Hon'ble court passed the order in this case. The correct names are Husnara Begum, wife of late Abu Taher and 4 daughters are, viz., Anjuwara Khatun, Parbin Sultana, and Sabikun Nehar and Janatul Nehar and 2 sons of late Abu Taher are, namely Md. Sahidul Alam and Akramul Hussain. The petitioner hereby, prays before this Hon'ble Court to allow the correction of the spelling of the names of the legal heirs of late Abu Taher. 5. The applicant begs to state that one more name is to be added in the substitution petition as respondent no.6, as it come to knowledge later on that he is also a respondent in this I.A (C) No. 2516/2018 and it was also not known to the petitioners nor were they informed. Now she is also the necessary party in the revision petition and therefore prays before this Court to allow this substitution petition to bring the names of the Respondent no. 5 as 5 (a) to 5 (g) along with the other legal heirs as corrected in the substitution petition filed along with this petition. This petition is in continuation of the earlier substitution petition filed by the petitioner. 6. The learned counsel for the opposite party has no objection against the substitution and correction of spelling errors. 7. Considering the submissions, petition is allowed. 8. In terms of the above observations, the interlocutory application stands allowed. JUDGE Page No.# 6/6 Comparing Assistant