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2025 DAILYLAW 3025 (GAU)

CHANDAN PAUL CHOUDHURY ALIAS MANOJ PAUL CHOUDHURY v. ON THE DEATH OF DIBAKAR MAZUMDAR HIS LEGAL HEIRS SMTI SOMA MAZUMDAR AND ORS,

I.A.(Civil)/3370/2025 · 2026-04-05

Robin Phukan

body2025

Judgment text

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Page No.# 1/4 GAHC010229322025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3370/2025 CHANDAN PAUL CHOUDHURY ALIAS MANOJ PAUL CHOUDHURY S/O - LATE MAKHAN LAL PAUL CHOUDHURY, R/O - WARD NO. 2, P.M DUTTA ROAD, DHUBRI TOWN, P.O - DHUBRI, DISTRICT - DHUBRI, ASSAM, PIN 783301 2: ON THE DEATH OF TAPASH PAUL CHOUDHURY ALIAS MALAY PAUL CHOUDHURY HIS LEGAL HEIRS R/O - WARD NO. 2 P.M DUTTA ROAD DHUBRI TOWN P. DHUBRI DISTRICT - DHUBRI ASSAM PIN - 783301. 2.1: 2 1 SMTI PUSHPALATA PAUL CHOUDHURY W/ O - LATE TAPASH PAUL CHOUDHURY ALIAS MALAY PAUL CHOUDHURY R/O - WARD NO. 2 P.M DUTTA ROAD DHUBRI TOWN P. DHUBRI DISTRICT - DHUBRI ASSAM PIN - 783301. 2.2: 2 2 MANOJIT PAUL CHOUDHURY S/O - LATE TAPASH PAUL CHOUDHURY ALIAS MALAY PAUL CHOUDHURY R/O - WARD NO. 2 P.M DUTTA ROAD DHUBRI TOWN .O DHUBRI Page No.# 2/4 DISTRICT - DHUBRI ASSAM PIN - 783301. 2.3: 2 3 BINAYAK PAUL CHOUDHURY S/O - LATE TAPASH PAUL CHOUDHURY ALIAS MALAY PAUL CHOUDHURY R/O - WARD NO. 2 P.M DUTTA ROAD DHUBRI TOWN . - DHUBRI DISTRICT - DHUBRI ASSAM PIN - 783301 VERSUS ON THE DEATH OF DIBAKAR MAZUMDAR HIS LEGAL HEIRS SMTI SOMA MAZUMDAR AND ORS, W/O LATE DIBAKAR MAZUMDAR, RESIDENT OF WARD NO. 4, RABINDRA SARNI, DHUBRI, P.O - DHUBRI, P.S - DHUBRI, DISTRICTDHUBRI, ASSAM, PIN - 783301 2:DIPANKAR MAZUMDAR S/O - LATE DIBAKAR MAZUMDAR. RESIDENT OF WARD NO. 4 RABINDRA SARNI DHUBRI P.O - DHUBRI P.S - DHUBRI DISTRICTDHUBRI ASSAM PIN - 783301. 3:SMTI RANJU MAZUMDAR W/O BHOLA MAZUMDAR RESIDENT OF WARD NO. 4 RABINDRA SARNI DHUBRI P.O - DHUBRI P.S - DHUBRI DISTRICTDHUBRI ASSAM PIN - 783301. 4:SMTI SONALI MAZUMDAR W/O MRIDUL MAZUMDAR RESIDENT OF WARD NO. 4 Page No.# 3/4 RABINDRA SARNI DHUBRI P.O - DHUBRI P.S - DHUBRI DISTRICTDHUBRI ASSAM PIN - 783301 Advocate for the Petitioner : MS. P SAHARIA, MR. P MAHANTA Advocate for the Respondent : MR G N SAHEWALLA, MD ASLAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 06.04.2026 Heard Ms. P. Saharia, learned counsel for the applicant and Ms. K. Bhattacharyya, learned counsel for the opposite party No. 3. 2. This interlocutory application, under Order XXII Rule 4 of the CPC, is preferred by the applicant for substitution of the legal heirs of the respondent No. 3 in the connected CRP. 3. Ms. Saharia, learned counsel for the applicant submits that the respondent No. 3 suffered demise on 19.08.2022 and that he left behind four legal heirs and their names are required to be impleaded in his place in the connected CRP. 4. On the other hand, Ms. Bhattacharyya, learned counsel for the opposite party No. 3, submits that she has no objection. She further submits that other opposite parties are ideally represented by Mr. G.N. Sahewalla, but she has instruction to appear only for opposite party No. 3. 5. Be that as it may. Page No.# 4/4 6. Having considered the submissions of learned counsel for both the parties and also considering the facts and circumstances on the record, this Court is inclined to allow this application. 7. Accordingly, it is provided that the names of the legal heirs of respondent No. 3, be impleaded in the connected CRP. 8. Now, the learned counsel for the applicant shall file amended cause-title in the connected CRP, within a period of one week from today. 9. In terms of above, this IA stands disposed of. 10. Registry shall list the connected CRP after vacation. JUDGE Comparing Assistant