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2025 DAILYLAW 5943 (GAU)

ON THE DEATH OF SAWARMAL KEJRIWAL v. VIKRAMJIT BARUAH

I.A.(Civil)/832/2025 · 2025-04-01

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/2 GAHC010009612025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/832/2025 ON THE DEATH OF SAWARMAL KEJRIWAL HIS LEGAL HEIR RAKESH KEJRIWAL AND ANR 2: SRI RAKESH KEJRIWAL RESIDENT OF BABUPATTY JORHAT ASSAM PIN 785001 3: SHRI SATISH KEJRIWAL RESIDENT OF BABUPATTY JORHAT ASSAM PIN 78500 VERSUS VIKRAMJIT BARUAH S/O SHREE JITENDRA KUMAR BARUAH, RESIDENT OF 21 MC ROAD, CHENIKUTHI GUWAHATI,KAMRUP M ASSAM 781003 Advocate for the Petitioner : MR G N SAHEWALLA, MR G N SAHEWALLA,MR M SAHEWALLA,MS. S. TODI,MS K BHATTACHARYYA Advocate for the Respondent : MR. A DHAR, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 02.04.2025 1. Heard Mr. H. K. Sarma, the learned counsel for the applicant. Also Page No.# 2/2 heard Mr. F. Faridi, the learned counsel for the respondent. 2. This application under Order 22 Rule 3(1) read with Section 151 of the Code of Civil Procedure, 1908 has been filed for substitution of the legal heirs of the petitioner who had expired on 18.10.2024. 3. The learned counsel for the petitioner submits that the application for substitution has been filed within the period of limitation. 4. The learned counsel for the respondent also submits that since the prayer for limitation has been filed within the period of limitation, he has no objection regarding the substitution of the legal heirs of the deceased petitioner. 5. In view of the above submissios of the learned counsel for the petitioner and also in view of the fact that the application for substitution has been filed within the period of limitation, the prayer for substituting the legal heirs of deceased petitioner in CRP No. 26/2024 is hereby allowed and this interlocutory application is accordingly disposed of. 6. The Registry to substitute the names of Shri Rakesh Kejriwal and Shri Satish Kejriwal as petitioner Nos. 1(a) and 1(b) in place of deceased petitioner in the cause-title of the revision petition filed by the petitioner and thereafter list the revision petition for admission hearing. 7. This interlocutory application is accordingly disposed of. JUDGE Comparing Assistant