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2025 DAILYLAW 26511 (GAU)

ON THE DEATH OF SRI BIJOY CHAKRABORTY HIS LEGAL HEIR LAKSHMI CHAKRABORTY AND ORS v. SRI MANI MADHAB DAS AND ORS

I.A.(Civil)/3852/2025 · 2025-12-09

Yarenjungla Longkumer

body2025

Judgment text

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Page No.# 1/3 GAHC010263922025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3852/2025 ON THE DEATH OF SRI BIJOY CHAKRABORTY HIS LEGAL HEIR LAKSHMI CHAKRABORTY AND ORS W/O LATE BIJOY CHAKRABORTY RESIDENT OF WARD NO. 6, BHAKARIVITA, BONGAIGAON TOWN, PART V, PS AND PO BONGAIGAON, DIST BONGAIGAON, ASSAM 2: DOLON BHATTACHARJEE D/O LATE BIJOY CHAKRABORTY RESIDENT OF WARD NO. 6 BHAKARIVITA BONGAIGAON TOWN PART V PS AND PO BONGAIGAON DIST BONGAIGAON ASSAM 3: JHULAN CHAKRABORTY D/O LATE BIJOY CHAKRABORTY RESIDENT OF WARD NO. 6 BHAKARIVITA BONGAIGAON TOWN PART V PS AND PO BONGAIGAON DIST BONGAIGAON ASSAM 4: BULON CHAKRABORTY D/O LATE BIJOY CHAKRABORTY RESIDENT OF WARD NO. 6 BHAKARIVITA BONGAIGAON TOWN PART V PS AND PO BONGAIGAON DIST BONGAIGAON Page No.# 2/3 ASSAM 5: BISWAJIT CHAKRABORTY GRANDSON OF LATE BIJOY CHAKRABORTY RESIDENT OF WARD NO. 6 BHAKARIVITA BONGAIGAON TOWN PART V PS AND PO BONGAIGAON DIST BONGAIGAON ASSA VERSUS SRI MANI MADHAB DAS AND ORS S/O LATE NARAYAN CH. DAS, R/O BHAKARIVITA, W/NO. 7, (NEAR ATC GODOWN), BONGAIGAON TOWN, P.S. AND P.O. - BONGAIGAON, DIST.- BONGAIGAON, ASSAM. 2:SRI PHANI DAS S/O LATE NARAYAN CH. DAS R/O BHAKARIVITA W/NO. 7 (NEAR ATC GODOWN) BONGAIGAON TOWN P.S. AND P.O. - BONGAIGAON DIST.- BONGAIGAON ASSAM Advocate for the Petitioner : MR SISHIR DUTTA, MS S MOCHAHARI Advocate for the Respondent : MR. J SARMAH, BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER 10.12.2025 This application under Order XXII, Rule 3 read with 151 of the CPC, 1908 is filed praying for substitution of the legal heirs of Late Bijoy Chakraborty by impleading [i] Lakshmi Chakraborty, [ii] Mrs. Dolon Bhattacharjee, [iii] Mrs. Jhulan Chakraborty, [iv] Mrs. Bulon Page No.# 3/3 Chakraborty, and [v] Biswajit Chakraborty as petitioner nos. 1[i], [ii], [iii], [iv] & [v] in CRP no. 61/2024. Heard Mr. S. Dutta, learned counsel for the applicants as well as Ms. M. Nath, learned counsel representing Mr. A. Ikbal, learned counsel for the opposite parties. It is stated that during the pendency of the CRP no. 61/2024 before this Court, Sri Bijoy Chakraborty who was the petitioner in the revision petition expired on 25.09.2025 leaving behind his legal heirs/representatives as stated above. That after coming to know about the death of the petitioner, the same was intimated to the counsel of the opposite parties on 29.10.2025. The applicants, therefore, prays for bringing on record the legal heirs/representatives of the deceased/petitioner before the Court by substituting the deceased/petitioner with his legal heirs/representatives. Considering the facts and circumstances of the case, the interlocutory application seeking substitution of the petitioner/deceased by his legal heirs/representatives is allowed. The applicants shall file an amended cause-title before the Registry within a week’s time. List the case after filing of the amended cause-title. JUDGE Comparing Assistant