Page No.# 1/3 GAHC010040312023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case : I.A.(Civil)/1923/2023 CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT DARE HOUSE 2ND FLOOR NO. 2 N.S.C. BOSE ROAD CHENNAI- 600001 AND ITS BRANCH OFFICE AT AASTHA PLAZA 4TH FLOOR OPP. TO S.B. DEORAH COLLEGE G.S. ROAD GUWAHATI VERSUS CHAKRA BAHADUR DORJEE @ MANUJ AND 2 ORS S/O SRI PUSPA BAHADUR DORJEE R/O VILL-MERAGURIA GAON P.O. AND P.S.-LALUK DIST-LAKHIMPUR ASSAM PIN-787160. (CLAIMANT) 2:MOUSAM CHANGKAKOTI S/O SRI BUDHESWAR GOGOI R/O H/N-2 NATUN PATH HATIGAON P.O.-CHARIALI SUB OFFICE P.S.-HATIGAON DIST-KAMRUP ASSAM PIN-781038 (OWNER OF THE VEHICLE NO. AR-01-G-3988 (BUS)) 3:HABIZUDDIN AHMED Page No.# 2/3 S/O ABDUL HANIF ALI C/O MR B. MALLICK H/N-12 WARD NO. 4 GOPINATH NAGAR P.O. AND P.S.-DISPUR DIST-KAMRUP ASSAM PIN-781016. (DRIVER OF THE VEHICLE NO. AR-01-G-3988 (BUS)) ------------ Advocate for : MR. R GOSWAMI Advocate for : MR. B CHETRI appearing for CHAKRA BAHADUR DORJEE @ MANUJ AND 2 ORS BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 27.10.2025 Heard Mr. R. Goswami, learned counsel for the applicant and Mr. B. Chetri, learned counsel for the respondents. By filing this application under Order XXII Rule 4 of the CPC, 1908, the applicant has prayed for substitution of the legal heirs of the respondent No. 1 late Chakra Bahadur Dorjee @ Manuj in I.A. Civil No. 539/2022 and MAC Appeal Filing No. 2208/2020 by substituting his legal heirs namely, Smti Dalimi Gogoi Dorjee, Miss. Rashmi Dorjee, Sri Puspa Bahadur Dorjee and Sri Pabitra Dorjee as respondent Nos. 1(i), 1(ii), 1(iii) and 1(iv) respectively in I.A. Civil No. 539/2022 and the MAC Appeal Filing No. 2208/2020. It is submitted that during the pendency of the appeal, the claimant/ respondent No. 1 late Chakra Bahadur Dorjee @ Manuj died on 25.11.2019 leaving behind his legal heirs namely, Smti Dalimi Gogoi Dorjee, Miss. Rashmi Dorjee, Sri Puspa Bahadur Dorjee and Sri Pabitra Dorjee and as there was no application for substitution of the said legal heirs in time, the appeal has been Page No.# 3/3 abated against the respondent No. 1. The prayer for substitution is not objected by the learned counsel for the respondents. In view of the above, the prayer for substitution of claimant/ respondent No. 1 late Chakra Bahadur Dorjee @ Manuj in I.A. (Civil) No. 539/2022 in MAC Appeal Filing No. 2208/2020 by his legal heirs namely, Smti Dalimi Gogoi Dorjee, Miss. Rashmi Dorjee, Sri Puspa Bahadur Dorjee and Sri Pabitra Dorjee as respondent Nos. 1(i), 1(ii), 1(iii) and 1(iv) respectively in the MAC Appeal Filing No. 2208/2020 respectively is allowed. Let the claimant/ respondent No. 1 late Chakra Bahadur Dorjee @ Manuj in I.A. (Civil)/ 539/2022 in MAC Appeal Filing No. 2208/2020 be substituted by his legal heirs namely, Smti Dalimi Gogoi Dorjee, Miss. Rashmi Dorjee, Sri Puspa Bahadur Dorjee and Sri Pabitra Dorjee as respondent Nos. 1(i), 1(ii), 1(iii) and 1(iv) respectively in I.A. (Civil) No. 539/2022 the MAC Appeal Filing No. 2208/2020. The I.A. stands disposed of. JUDGE Comparing Assistant