Page No.# 1/3 GAHC010045032025 2025:GAU-AS:11781 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1088/2025 GOBINDA CHANDRA PAUL S/O- LATE BRINDABAN CHANDRA PAUL R/O- VILL- PAIKAN P.O PAIKAN DIST- HAILAKANDI ASSAM VERSUS ON THE DEATH OF HIRAK JYOTI CHAKRABARTY (RESP. 16) HIS LEGAL HEIR HIMANI CHAKRABARTY S/O LATE HIRAK JYOTI CHAKRABARTY R/O- HAILAKANDI TOWN WARD NO 14 P.O- LAKHMISAHAR CHAKRABARTY PARA DIST- HAILAKANDI ASSAM PIN- 788151 ------------ Advocate for : MR H R A CHOUDHURY Advocate for : appearing for ON THE DEATH OF HIRAK JYOTI CHAKRABARTY (RESP. 16) HIS LEGAL HEIR HIMANI CHAKRABARTY Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 01-09-2025 Heard learned counsel Mr. K.K. Dey for the applicant, who has filed this application under Order 22 Rule 9 of the Code of Civil Procedure, 1908 with prayer for setting aside the abatement in substituting the legal heirs of respondent No. 16. 2. It is submitted that the earlier engaged counsel of the appellant died. Thereafter, without the knowledge of the applicant/appellant, the connected appeal was proceeding. 3. It is further submitted that the during the pendency of the connected appeal, the respondent No. 16 Hirak Jyoti Chakrabarty died on 20.12.2021, leaving behind the following legal heir:- Himai Chakrabarty – Son (35 years) Late Hirak Jyoti Chakrabarty R/O Hailakandi Town Ward No. 14, P.O.- Lakhmisahar, Chakrabarty Para, District – Hailakandi, Assam, Pin-788151, Phone No. – 9957885869. 4. Heard learned counsel Mr. S.K. Ghosh for the respondents No. 2, 3, 5, 6, 12, 17, 18, 19, 20 and 21 and learned counsel Mr. M.M. Rahman for the legal Page No.# 3/3 heirs of respondent No. 16. 5. It appears that there is no malafide on the part of the applicant/appellant. 6. Learned counsel for the respondents have no objection as the applicant has shown sufficient grounds about his plight. 7. Considering all aspects, the abatement on death of respondent No. 16 in RSA No. 249/2017 is set aside. 8. In terms of the above observation, this Interlocutory Application stands disposed of. JUDGE Comparing Assistant