Page No.# 1/3 GAHC010124782024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1481/2025 ON THE DEATH OF ANUP SARMA HIS LEGAL HEIRS 2: 3.A SMTI KAMINI DEVI W/O LATE ANUP SARMA RESIDENT OF VILLAGE PUB SAHAN PO AND PS RANGIA DIST KAMRUP ASSAM 3: 3.B JITUL SARMA S/O LATE ANUP SARMA RESIDENT OF VILLAGE PUB SAHAN PO AND PS RANGIA DIST KAMRUP ASSAM VERSUS THE COLLECTOR KAMRUP(R) AND 2 ORS KAMRUP R AMINGAON ASSAM 781031 2:THE SECRETARY TO THE UNION OF INDIA MINISTRY OF DEFENCE SOUTH BLOCK NEW DELHI II 3:THE DEFENCE ESTATE OFFICER TEZPUR CIRCLE GOLE PARK ROAD Page No.# 2/3 TEZPUR ASSAM 784001 ------------ Advocate for : MR D K NATH Advocate for : GA ASSAM appearing for THE COLLECTOR KAMRUP(R) AND 2 ORS BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 08.12.2025 1. Heard Mr. D. K. Nath, the learned counsel for the applicant. Also heard Ms. D. D. Barman, the learned Additional Government Advocate appearing for the respondent No.1 as well as Mr. R. Dev Choudhury, the learned counsel for the respondent Nos. 2 and 3. 2. This application under Order 22 Rule 1 and 2 of the Code of Civil Procedure, 1908 has been filed by the appellant/applicant praying for allowing the substitution of legal representatives of the appellant No.3 on his death on 22.03.2024. 3. The learned counsel for the applicant submits that the present application has been filed within the period of limitation and the appellant No.3 died leaving behind his wife Smti Kamini Devi and a son as his legal heirs and therefore, the said legal heirs may be substituted in his place in the Memo of Appeal. 4. The prayer is not objected to by the learned counsel for the respondent. Page No.# 3/3 5. Since, the prayer for substitution has been made within prescribed period of limitation after the death of the appellant No.3, the prayer is allowed. 6. The name of Smti Kamini Devi and Shri Jitul Sarkar shall be substituted as the appellant No.3 (a) and 3 (b) in place of the deceased appellant in Memo of Appeal. 7. The applicant is directed to submit the amended cause title of the Memo of Appeal within seven days from the date of this order. 8. This Interlocutory Application is, accordingly, disposed of. JUDGE Comparing Assistant