Page No.# 1/3 GAHC010206852024 2025:GAU-AS:11244 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3186/2024 MALLIKA SAHA W/O LATE KAMAKHYA SAHA R/O WARD NO 3 KHARUPETIA TOWN PO AND PS KHARUPETIA DIST DARRANG VERSUS SRI ALOK KUMAR BANTHIA AND 2 ORS S/O SRI DHANRAJ BANTHIA R/O WARD NO 1 KHARUPETIA TOWN PO AND PS KHARUPETIA MOUZA PACHIM SIALMARI DIST DARRANG ASSAM 2:SRI AMAR DEY S/O LATE UPEN DEY R/O WARD NO 7 KHARUPETIA TOWN PO AND PS KHARUPETIA DIST DARRANG ASSAM 3:SMTI. ANJANA SAHA W/O SRI UTTAM KR. SAHA R/O WARD NO 7 KHARUPETIA TOWN PO AND PS KHARUPETIA DIST DARRANG ASSAM Page No.# 2/3 ------------ Advocate for : MR. D P CHALIHA Advocate for : MR C GOSWAMI appearing for SRI ALOK KUMAR BANTHIA AND 2 ORS BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 22.08.2025 1. Heard Mr. D.D Chaliha, learned Sr. Counsel assisted by Mr. M Roy, learned counsel for the applicant. In view of the condonation of application being allowed, the present matter is taken up. 2. This is an application under Order 22 Rule 4 of the C.P.C praying for substitution of the appellant/sole defendant by his legal heirs upon the demise of the defendant. 3. The learned counsel for the applicant submits that the connected appeal has been filed by the appellant against the order dated 31.05.2018 passed by the Civil Judge, Darrang at Mangaldoi, Misc(J) No. 50/2017 in title suit no. 33/2017. 4. It is stated that during the pendency of the appeal, the appellant Kamakhya Saha has died on 13.09.2023 leaving the applicant as the sole legal heir. The next of kin certificate dated 19.12.2023 has been annexed to the application. It is submitted by the learned counsel that substitution of the legal heirs upon the death of the appellant has become necessary. It is therefore, submitted that upon the death of the appellant, the name of the legal heirs Smt. Mallika Paul may be substituted and allowed to proceed with the appeal before this Court. It is also submitted that the substitution of the legal heirs of the appellant/defendant in the title suit no. 33/2017 has already been granted by the Ld. Trial Court. 5. Upon hearing the learned counsel for the applicant and upon considering the Page No.# 3/3 facts and circumstances and on perusal of the documents annexed, the application is allowed. 6. The name of the applicant Smt. Mallika Paul is allowed to be substituted in place of the appellant. The appellant shall make the necessary corrections and amend the cause title in the appeal memo, accordingly. 7. In view of the above, the petition stands disposed of. JUDGE Comparing Assistant