Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010033632025
2025:GAU-AS:5994
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/928/2025 KRISHNA DEY W/O. LT. SANKAR PRASAD DEY, R/O. GOURNAGAR, WARD NO. 1, KOKRAJHAR TOWN (NEAR CIRCUT HOUSE), P/O. SHANTINAGAR, DIST.
KOKRAJHAR, ASSAM, PIN-783370.
2: SOUVICK DEY S/O. LT. SAMKAR PRASAD DEY R/O. GOURNAGAR WARD NO. 1 KOKRAJHAR TOWN (CIRCUIT HOUSE) P/O. SHANTINAGAR DIST. KOKRAJHAR ASSAM PIN-783370 VERSUS THE STATE OF ASSAM REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT(REFIEF AND REHABILITATION) DEPARTMENT, DISPUR, GUWAHATI-6.
3:THE DISTRICT COMMISSIONER KOKRAJAR ASSAM Advocate for the Petitioner : MR D N BHATTACHARYYA, Advocate for the Respondent : GA, ASSAM,
Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 14.05.2025
Heard Mr. D.N. Bhattacharyya, learned counsel for the applicants. Also heard Mr. T.R. Gogoi, learned Government Advocate for the opposite party Nos. 1 and
2.
2. This interlocutory application, under Order 22 Rule 3 of the CPC, is preferred by the applicants for substitution of the legal heirs of the petitioner in CRP(IO) No. 542/2024.
3. Mr. Bhattacharyya, learned counsel for the applicants submits that during the pendency of the connected revision petition, being CRP(IO) No. 542/2024, the petitioner, namely, Sri Sankar Prasad Dey suffered demise on 07.01.2025, leaving behind his wife Smt. Krishna Dey and son Sri Souvick Dey, and therefore, Mr. Bhattacharyya has contended to allow this application by substituting the legal heirs of Late Sankar Prasad Dey.
4. Mr. Gogoi, learned Government Advocate for the opposite party Nos. 1 and 2 submits that he has no objection in the event of allowing this application.
5. Taking note of the submissions of learned counsel for both the parties, and also considering the facts and circumstances on the record, this interlocutory application stands allowed.
6. Accordingly, the name of the applicants i.e. Smt. Krishna Dey and Sri Souvick Dey be substituted in place of the petitioner in CRP(IO) No. 542/2024.
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7. In terms of above, this I.A. stands disposed of. JUDGE Comparing Assistant