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2025 DAILYLAW 2396 (GAU)

SANTI SINGH v. SRI BIDYAPATI SINGH

I.A.(Civil)/3990/2025 · 2026-02-24

Sanjeev Kumar Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010271342025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case : I.A.(Civil)/3990/2025 SANTI SINGH SO LATE CHANDRABABU SINGH RO DAKHIN BIDYANAGAR MOUZA- HOJAI DIST.- HOJAI ASSAM PIN- 78243 VERSUS SRI BIDYAPATI SINGH S/O- LATE INDRAMONI SINGH R/O- VILL.- DAKHIN BIDYANAGAR MOUZA- HOJAI DIST.- HOJAI ASSAM PIN- 782435 ------------ Advocate for : MR P UPADHYAY Advocate for : MR R ALI appearing for SRI BIDYAPATI SINGH BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 25.02.2026 Heard Mr. P. Upadhay, learned counsel for the applicant and Mr. R. Ali, learned counsel for the respondent. Page No.# 2/2 This I.A. has been filed under Order XXII Rule 9 (2) of the Code of Civil Procedure, 1908 seeking setting aside abatement of the connected RSA No. 190/2019 in view of the non-substitution of the legal heirs of the deceased/ appellant No. 1 late Sri Chandrababu Singh. As the delay in preferring the connected application has already been condoned in the connected I.A (Civil)/ 3989/2025 and the deceased/ appellant 1 has been duly substituted by his legal heir by order passed today in I.A (Civil)/ 3991/2025 by this Court. Accordingly, the prayer for setting aside the abatement is allowed. The abatement is set aside. The I.A. stands disposed of. JUDGE Comparing Assistant