Page No.# 1/4 GAHC010188452024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3679/2024 Linked Case : I.A.(Civil)/3679/2024 NATIONAL INSURANCE CO. LTD HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET KOLKATA AND ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI REGIONAL OFFICE AT G.S. ROAD BHANGAGARH GUWAHATI-5 ASSAM. VERSUS SMTI SUBHASI DAS AND ORS W/O LT. SUDHIR CH. DAS M/O LATE SAMIR KR. DAS R/O VILL. SOUTH TOKRACHARA PART-IV P.O. AND P.S. GOLAKGANJ DIST. DHUBRI ASSAM 2:ARCHANA DAS W/O LT. SAMIR CH. DAS R/O VILL. SOUTH TOKRACHARA PART-IV P.O. AND P.S. GOLAKGANJ DIST. DHUBRI ASSAM PIN 3:ON THE DEATH OF OPPOSITE PARTY NO 3 ECHA HAQUE ALI AHMED HIS LEGAL HEIRS AND REPRRESENTATIVE WITH HIS PLACE OF DWELLING SMT. AJIJA KHAUTN AHMED W/O LATE ECHA HAQUE ALI AHMED R/O VILL. DEBETTAR HASDAHA Page No.# 2/4 P.O. GOLAKGANJ P.S. GOLAKGANJ DIST. DHUBRI ASSAM PIN 783334 4:MR ARIF AHMED S/O LATE ECHA HAQUE ALI AHMED R/O VILL. DEBETTAR HASDAHA P.O. GOLAKGANJ P.S. GOLAKGANJ DIST. DHUBRI ASSAM PIN 783334 ------------ Advocate for : MR. K K BHATRA Advocate for : appearing for SMTI SUBHASI DAS AND ORS Linked Case : MACApp./131/2020 NATIONAL INSURANCE CO. LTD HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET KOLKATA AND ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI REGIONAL OFFICE AT G.S. ROAD BHANGAGARH GUWAHATI-5 ASSAM. VERSUS SMTI SUBHASI DAS AND 2 ORS W/O LT. SUDHIR CH. DAS M/O LATE SAMIR KR. DAS R/O VILL. SOUTH TOKRACHARA PART-IV P.O. AND P.S. GOLAKGANJ DIST. DHUBRI ASSAM PIN 2:ARCHANA DAS W/O LT. SAMIR CH. DAS R/O VILL. SOUTH TOKRACHARA PART-IV P.O. AND P.S. GOLAKGANJ DIST. DHUBRI Page No.# 3/4 ASSAM PIN 3:ECHA HAQUE ALI AHMED S/O LATE JANE ALI MUNSHI VILL. DEBETTAR HASDAHA P.O. GOLAKGANJ P.S. GOLAKGANJ DIST. DHUBRI ASSAM PIN 783334 ------------ Advocate for : MR. K K BHATRA Advocate for : MRS. K DEVI appearing for SMTI SUBHASI DAS AND 2 ORS BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 05.12.2025 1. Heard Ms. A. Biyani, the learned counsel for the applicant. Also heard Ms. K. Devi, the learned counsel for the respondent Nos. 1 and 2. 2. This Interlocutory Application has been filed by the applicant/Insurance Company under Order 22 Rule 4 of the Code of Civil Procedure, 1908 for substitution of the legal heirs of the respondent No. 3 late Echa Haque Ahmed on his death. 3. The learned counsel for the applicant has submitted that the abetment of appeal on the death of respondent No.3 against him has already been set aside by this Court in I.A.(Civil)/3680/2024. 4. She also submits that the delay in preferring the instant substitution application has also been condoned by this Court in I.A. (Civil)/3678/2024. She further submits that since Echa Haque Page No.# 4/4 Ahmed was the owner of the offending vehicle, hence, he is a necessary party in this appeal and prays for substituting the legal heirs, namely, Smt. Ajija Khatun Ahmed and Mr. Arif Ahmed as the substituted respondent in this case. 5. The prayer is not opposed to by the learned counsel for the respondent Nos. 1 and 2. 6. For the grounds stated in the application, the prayer is allowed. 7. The name of Smt. Ajija Khatun Ahmed and Mr. Arif Ahmed be substituted, respectively, as the respondent No.3 (a) and the respondent No.3 (b) in place of deceased respondent, Echa Haque Ahmed. 8. The applicant/appellant is directed to file amended cause title within one week from the date of this order. 9. This Interlocutory Application is, accordingly, disposed. JUDGE Comparing Assistant