Page No.# 1/5 GAHC010267472023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Civil)/883/2025 ANGURA BEGUM ALIAS ANGURA BEWA AND 4 ORS WIFE OF LATE MD. NUR HUSSAIN RESIDENT OF VILL- KALITAPARA P.O. AND P.S. GOALPARA DISTRICT- GOALPARA ASSAM PIN- 783101 2: ATOWAR HUSSAIN @ BABHI SON OF LATE NUR HUSSAIN RESIDENT OF VILL- KALITAPARA P.O. AND P.S. GOALPARA DISTRICT- GOALPARA ASSAM PIN- 783101 3: AMAN HUSSAIN @ AMANAT HUSAIN SON OF LATE NUR HUSSAIN RESIDENT OF VILL- KALITAPARA P.O. AND P.S. GOALPARA DISTRICT- GOALPARA ASSAM PIN- 783101 4: NAJIMA SULTANA @ NAJMINA KHANAM DAUGHTER OF LATE NUR HUSSAIN RESIDENT OF VILL- KALITAPARA P.O. AND P.S. GOALPARA DISTRICT- GOALPARA ASSAM PIN- 783101 5: NAHIMA SULTANA @ NASHIMA KHANAM Page No.# 2/5 DAUGHTER OF LATE NUR HUSSAIN RESIDENT OF VILL- KALITAPARA P.O. AND P.S. GOALPARA DISTRICT- GOALPARA ASSAM PIN- 783101 VERSUS ON THE DEATH OF MD ABDUL WAHAB HIS LEGAL HEIRS 2:MD. KABUL HUSSAIN SON OF LATE ABDUL LATIF RESIDENT OF VILL- KALITAPARA P.O. AND P.S. GOALPARA IN THE DISTRICT OF GOALPARA ASSAM PIN- 783101 3:MOJIDA BEGUM W/O LATE ABDUL WAHAB RESIDENT OF VILL- KALITAPARA P.O. AND P.S. GOALPARA IN THE DISTRICT OF GOALPARA ASSAM PIN- 783101 4:MOINUDDIN ALI S/O LATE ABDUL WAHAB RESIDENT OF VILL- KALITAPARA P.O. AND P.S. GOALPARA IN THE DISTRICT OF GOALPARA ASSAM PIN- 783101 5:ANJUFA BEGUM D/O LATE ABDUL WAHAB RESIDENT OF VILL- KALITAPARA P.O. AND P.S. GOALPARA IN THE DISTRICT OF GOALPARA ASSAM PIN- 783101 6:ASMINA BEGUM Page No.# 3/5 D/O LATE ABDUL WAHAB RESIDENT OF VILL- KALITAPARA P.O. AND P.S. GOALPARA IN THE DISTRICT OF GOALPARA ASSAM PIN- 783101 ------------ For the Applicant(s) : Mr. J. Deka, Advocate : Mr. T. K. Bhuyan, Advocate For the Respondent(s) : Mr. M. Das, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER 27.03.2025 Heard Mr. J. Deka, the learned counsel appearing on behalf of the applicant and Mr. M. Das, the learned counsel appearing on behalf of the respondent No.2. 2. This is an application filed in the spirit of Order XLI Rule 20 of the Code of Civil Procedure, 1908 (for short ‘the Code’) to strike out the name of the respondent No.1 in the accompanying revision application and inserting the name of the opposite party Nos. 1(i), 1(ii), 1(iii) and 1(iv). 3. It is relevant to take note of that in Title Suit No.70/1985, the learned Court of the Munsiff No.1, Goalpara had decreed the suit in favour of the plaintiffs who are the applicants herein thereby directing the defendants to vacate the disputed land within 1 (one) month from the date of the order failing which the defendants would be evicted from the disputed land in the process of law. It is further seen that subsequent Page No.# 4/5 thereto, the learned First Appellate Court in Title Appeal No.18/1989 vide a judgment and decree dated 12.08.1994, confirmed the judgment and decree passed by the learned Trial Court however the period granted to the defendants to vacate the land was enlarged to three months. This judgment and decree was challenged in a Second Appeal before this Court which was registered and numbered as Second Appeal No.178/1995 and the learned Coordinate Bench of this Court dismissed the Second Appeal on 14.08.2001. 4. Pursuant thereto, an execution proceedings was filed being Title Execution Case No.10/2013 against the defendants in the suit who were the respondent Nos. 1 and 2 to the instant proceedings. The record further reveals that on 18.01.2016, the opposite party Nos. 1(i), 1(ii), 1(iii) and 1(iv) to the instant application were brought on record in the execution proceedings. It is further relevant to mention that the respondent Nos. 1 and 2 on 16.01.2014 much prior to the death of the respondent No.1 filed an application under Section 47 challenging the execution of the decree. This application was allowed by the learned Executing Court and it is under such circumstances, the accompanying proceedings have been initiated by invoking the jurisdiction under Article 227 of the Constitution. 5. In the backdrop of the above, it is relevant to take note of that the opposite party Nos. 1(i), 1(ii), 1(iii) and 1(iv) were already parties before the learned Executing Court and it was on account of the fault committed by the learned counsel for the petitioner, which resulted in impleading a dead respondent to the instant proceedings. Taking into account that it was the fault of the counsel and the spirit of Order XLI Rule 20 of the Page No.# 5/5 Code can be imported to the present proceedings, this Court strikes out the name of the respondent No.1 and impleads respondent Nos. 1(i), 1(ii), 1(iii) and 1(iv) to the accompanying revision application. 6. The counsel for the petitioner is directed to file a fresh memo of parties before the Registry of this Court and on the basis thereof, the Registry shall make necessary correction to the accompanying revision application filed under Article 227 of the Constitution as well as update the same in CIS. 7. I.A. stands disposed of. J U D G E Comparing Assistant