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2025 DAILYLAW 24364 (GAU)

ARCHANA DUTTA MALLICK v. SMTI SAGARIKA MALLICK

I.A.(Civil)/3368/2025 · 2025-10-26

Manish Choudhury

body2025

Judgment text

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Page No. 1/3 GAHC010221132025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3368/2025 ARCHANA DUTTA MALLICK W/O LATE BALAY MALLICK RESIDENT OF BN ROAD PO AND PS DIBRUGARH DISTRICT DIBRUGARH ASSAM PIN 786001 VERSUS SMTI SAGARIKA MALLICK W/O LATE BIRENDRA CHANDRA MALLICK MOTHER IN LAW OF THE PETITIONER RESIDENT OF BN ROAD PO AND PS DIBRUGARH DISTRICT DIBRUGARH ASSAM PIN 786001 2:THE SR DIVISIONAL MANAGER DIVISIONAL OFFICE LIC OF INDIA SS ROAD FANCY BAZAR GUWAHATI 781001 3:THE BRANCH MANAGER LIC OF INDIA DIBRUGARH BRANCH DIBRUGARH 786001 DISTRICT DIBRUGARH ASSAM Page No. 2/3 Advocate for : MR D K DEY Advocate for : MR. A L MANDAL appearing for SMTI SAGARIKA MALLICK BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 27.10.2025 Heard Mr. B. Sinha, learned counsel for the applicant-writ petitioner and Mr. A.L. Mandal, learned counsel for the opposite party-respondent nos. 1 & 2. 2. The applicant as the writ petitioner has preferred the accompanying writ petition seeking a direction to the opposite party-respondent nos. 1 & 2 to make settlement of the hereditary commission receivable due to the death of her husband, Late Balay Mallick, who was a Commission Agent. Late Balay Mallick expired on 16.04.2025. When a claim was made for settlement of the hereditary commission, the opposite party-respondent nos. 1 & 2 had intimated the applicant-petitioner on 01.08.2025 that the hereditary commission would be settled only against the registered nominee in the absence of any order from a legal authority to settle in the name of any other person other than the registered nominee. The applicant- appellant has averred that the mother of Late Balay Mallick, namely, Smti. Sagarika Mallick, wife of Late Birendra Chandra Mallick resident of B.N. Road, P.O. & P.S. Dibrugarh, District – Dibrugarh, Assam, Pin – 786001 is the registered nominee. 3. The instant interlocutory application is preferred seeking impleadment of the afore- mentioned registered nominee as a party-respondent in the accompanying writ petition. As without the presence of the proposed party-respondent the adjudication of the writ petition would not be proper and effective, the instant interlocutory application seeking impleadment of the afore-stated proposed party-respondent no. 3 is allowed. 4. The learned counsel for the petitioner is to submit an amended Cause-Title in terms of Notification no. 79 dated 19.06.2023 within 3 [three] working days from today. On submission of the amended Cause-Title, the Registry shall carry out the necessary correction Page No. 3/3 in the Cause-Title as well as in the CIS and thereafter, list the writ petition on 03.11.2025. JUDGE Comparing Assistant