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2025 DAILYLAW 6689 (GAU)

ON THE DEATH OF KAMALA PHUKAN HER HEIRS AND LEGAL REPRESENTATIVES NAMELY v. THE SECRETARY, GOVT OF INDIA

I.A.(Civil)/387/2025 · 2025-04-27

Suman Shyam

Review Petitionbody2025

Judgment text

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Page No.# 1/3 GAHC010019302025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/387/2025 ON THE DEATH OF KAMALA PHUKAN HER HEIRS AND LEGAL REPRESENTATIVES NAMELY SRI DZEN PHUKAN S/O LATE TIRTHANATH PHUKAN 2: SMT. SMITA BARUA REP. BY HER DULY CONSTITUTED ATTORNEY SRI DEBOJIT KUMAR BARUAH AGED ABOUT 62 YEARS S/O LATE AJIT KUMAR BARUAH R/O NILMONI PHUKAN PATH CHRISTIAN BASTI GUWAHATI- 781005 DIST.- KAMRUP (M) ASSAM VERSUS THE SECRETARY, GOVT OF INDIA MINISTRY OF HOME AFFAIRS, NEW DELHI. 2:THE COMMANDANT 33RD BN ITB POLICE GUWAHATI KAMRUP METRO ASSA Advocate for the Petitioner : MS S SIDDIQUA, Advocate for the Respondent : GA, ASSAM, MR. B CHAKRABORTY Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER Date : 28-04-2025 Heard Mr. A. Iqbal, learned counsel appearing for the applicants. Also heard Mr. B. Chakraborty, learned counsel for the review petitioner. This I.A. has been filed with a prayer to substitute the legal heirs of the opposite party in the review petition. Mr. Iqbal submits that the opposite party in the review petition, viz. Smti. Kamala Phukan had expired on 18-11-2024 during the pendency of the connected review petition by leaving behind the legal heirs as mentioned in paragraph 4 of the application. Since the cause of action still survives, hence, the present applicants are required to be substituted in the review petition in place of the deceased Kamala Phukan. Mr. Chakraborty, learned counsel for the review petitioner submits that he would have no objection, if the prayer is allowed. In view of the above and having regard to the submission made at the Bar, Sri Dijen Phukan and Smti. Smita Baruah i.e. the husband and daughter of the opposite party in the review petition respectively are hereby substituted as opposite party Nos. 1(a) & 1(b) in the connected review petition in place of deceased Kamala Phukan. The amended cause title in the review petition be filed within 02 weeks from today. Let the review petition be listed for order(s) thereafter, by showing the name of Mr. A. Iqbal, learned counsel for the substituted opposite parties in the cause list. I.A. stands disposed of accordingly. Page No.# 3/3 JUDGE Comparing Assistant