Page No.# 1/4 GAHC010077872026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1591/2026 ON THE DEATH OF LATE KAMAL TALUKDAR HIS LEGAL HEIR RUPAM TALUKDAR LEGAL REP. AND SON OF LATE KAMAL TALUKDAR R/O- VILL.- KENDUKUCHI DIST.- NALBARI ASSAM PIN- 781341 VERSUS SRI HOMESWAR BARMAN AND ORS S/O- LATE PRABHAT BARMAN R/O- VILL.- BAGANPARA P.S. BARBARI DIST.- BASKA ASSAM PIN- 781349. (OWNER OF VEHICLE NO. AS-14/3915 (BUS). 2:SRI MADAN RAJBONGSHI S/O- B. RAJBONGSHI R/O- VILL.- BALITORA P.S. AND DIST.- NALBARI ASSAM PIN- 781349. (DRIVER OF VEHICLE NO. AS-14/3915 (BUS). 3:THE NEW INDIA ASSURANCE COMPANY LIMITED RT OFFICE NALBARI- 781335. (POLICY NO. 530902/31/07/01/00001904 VALID UPTO 11- 1/2009. ------------ Page No.# 2/4 Advocate for : MS T WAPANGLA Advocate for : MR. R C PAUL appearing for SRI HOMESWAR BARMAN AND ORS Linked Case : MACApp./428/2019 SHRI KAMAL TALUKDAR S/O- SRI BAPA TALUKDAR R/O- VILL.- KENDUKUCHI DIST.- NALBARI ASSAM PIN- 781337. VERSUS SRI HOMESWAR BARMAN AND 2 ORS. S/O- LATE PRABHAT BARMAN R/O- VILL.- BAGANPARA P.S. BARBARI DIST.- BASKA ASSAM PIN- 781349. (OWNER OF VEHICLE NO. AS-14/3915 (BUS). 2:SRI MADAN RAJBONGSHI S/O- B. RAJBONGSHI R/O- VILL.- BALITORA P.S. AND DIST.- NALBARI ASSAM PIN- 781349. (DRIVER OF VEHICLE NO. AS-14/3915 (BUS). 3:THE NEW INDIA ASSURANCE COMPANY LIMITED RT OFFICE NALBARI- 781335. (POLICY NO. 530902/31/07/01/00001904 VALID UPTO 11- 1/2009. ------------ Advocate for : MR. R MAZUMDAR Advocate for : MR. A DUTTA appearing for SRI HOMESWAR BARMAN AND 2 ORS. Page No.# 3/4 BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER 14/09/2026 Heard learned counsel, Ms. T. Wapangla, for the applicant. Also heard Mr. R.C. Paul for the respondent/Insurance Company. 2. The instant application has been filed under Order XXII Rule 3 of the CPC praying for substitution of the appellant in MAC Appeal No. 428/2019 by his legal representative/ present applicant. 3. It is stated in the application that the applicant is the son of late, Kamal Talukdar, who had preferred the MAC Appeal No. 428/2019. It is stated that the appellant Shri Kamal Talukdar had expired on 02.11.2020 leaving behind the applicant herein as the legal heir. The applicant has enclosed the copy of the death certificate of late Kamal Talukdar as Annexure-1. 4. It is the submission of the learned counsel for the applicant that it was within his knowledge that his father late, Kamal Talukdar had instituted the MAC Case No. 3003/2016 before the learned MACT Kamrup, Guwahati which was disposed on 21.01.2019. However, the applicant was not aware of the fact that his late father had filed the MAC Appeal No. 428/2019 before this Court. It was only in the month of January 2026 that the present engaged counsel could reach out to the applicant and intimated him about the pending MAC Appeal before this Court. 5. It is also submitted that the mother of the applicant also expired in the month of December 2026 during the pendency of MAC Appeal No. 428/2019 Page No.# 4/4 and therefore the applicant was not aware about the proceeding before this Court. 6. Only after having proper discussion with the corresponding present counsel, the applicant came to know that he had to file the interlocutory application to implead himself by substituting him inplace of the deceased appellant i.e., the father of the applicant in the MAC Appeal No. 428/2019. 7. It is submitted that the applicant is the next kin of late Kamal Talukdar and he is the competent person to file the instant petition for substituting himself as the appellant on behalf of the deceased father. 8. Having considered the facts and circumstances and in view of the pleadings herein, this application is allowed and disposed of. The applicant is allowed to be substituted as the appellant in place of the deceased appellant late Kamal Talukdar in MAC Appeal No. 428/2019. 9. The applicant shall file the amended causetitle within 1 (one) week from today and a copy of the amended causetitle may also be furnished to the counsel for the opposite party. 10. List the matter for Hearing after the Puja Vacation. JUDGE Comparing Assistant