Page No.# 1/6 GAHC010100782026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1730/2026 ON THE DEATH OF GOLAP PRASAD SAHU, HIS LEGAL HEIR, SMTI SUBHADRA SAHU WO LATE GOLAP PRASAD SAHU, RO VILL RAJOTIA GAON, MALOW ALI, JORHAT, PS JORHAT, DISTRICT JORHAT ASSAM 2: SRI SHIV KUMAR SAHU SON OF LATE GOLAP PRASAD SAHU RO VILL RAJOTIA GAON MALOW ALI JORHAT PS JORHAT DISTRICT JORHAT ASSAM 3: SRI RADHESHYAM SAHU SON OF LATE GOLAP PRASAD SAHU. RO VILL RAJOTIA GAON MALOW ALI JORHAT PS JORHAT DISTRICT JORHAT ASSAM 4: SRI PANCHAM SAHU SON OF LATE GOLAP PRASAD SAHU RO VILL RAJOTIA GAON MALOW ALI JORHAT PS JORHAT DISTRICT JORHAT ASSA VERSUS ON THE DEATH OF ASHOK GUPTA HIS LEGAL HEIR SMT KABITA GUPTA WIFE OF LATE ASHOK GUPTA , RESIDENT OF MALOW ALI BYE PASS, NEAR BHARAT GAS AGENCY, PO JORHAT 1, PS JORHAT, DISTRICT JORHAT, ASSAM, PIN 785001 Page No.# 2/6 1.1.2:SMT RIDHI GUPTA DO LATE ASHOK GUPTA RESIDENT OF MALOW ALI BYE PASS NEAR BHARAT GAS AGENCY PO JORHAT 1 PS JORHAT DISTRICT JORHAT ASSAM PIN 785001 1.2:SRI RAJ KUMAR GUPTA SO LATE SATDEO GUPTA RESIDENT OF TARAJAN PATH TARAJAN JORHAT PO JORHAT 1 PS JORHAT DISTRICT JORHAT ASSAM PIN 785001 1.3:SRI PRADIP GUPTA SO LATE SATDEO GUPTA RESIDENT OF TARAJAN CREMATION GROUND SHAMSHAN ROAD TARAJAN JORHAT PO JORHAT 1 PS JORHAT DISTRICT JORHAT ASSAM PIN 785001 1.4:SRI DILIP GUPTA ALIAS PAPU SO LATE SATDEO GUPTA RESIDENT OF TARAJAN CREMATION GROUND SHAMSHAN ROAD TARAJAN JORHAT PO JORHAT 1 PS JORHAT DISTRICT JORHAT ASSAM PIN 785001 2.1:SMTI SARASWATI DEVI ALIAS BABANA DEVI RO R B ROAD Page No.# 3/6 TARAJAN JORHAT NEAR CRYSTAL DISTRICT JORHAT ASSAM PIN 785001 2.2:SRI MANAB SAHU ALIAS RAJ KUMAR SAHU CO SRI PRABHAT PHUKAN RESIDENT OF TARUN RAM PHUKAN PATH TARAJAN JORHAT PO JORHAT 1 PS JORHAT DISTRICT JORHAT ASSAM PIN 785001. 2.3:SRI RAMESH SAHU CO SRI PRABHAT PHUKAN RESIDENT OF TARUN RAM PHUKAN PATH TARAJAN JORHAT PO JORHAT 1 PS JORHAT DISTRICT JORHAT ASSAM PIN 785001. 2.4:SMTI PUSPA DEVI ALIAS PUSPA SAHU MEDHI RO RB ROAD TARAJAN JORHAT NEAR CRYSTAL DISTRICT JORHAT ASSAM PIN 785001 3:SRI LAXMI NARAYAN SAHU SO LATE RAM NARAYAN SAHU RESIDENT OF MALOW ALI PIPE LINE NEAR SANKAR SANGHA NAMGHAR PO JORHAT 1 DISTRICT JORHAT ASSAM PIN 785001 4:SMT KAMALA SAHU DO LATE RAM NARAYAN SAHU RESIDENT OF BISHNU STORE GAR ALI Page No.# 4/6 NEAR ELEE CINEMA HALL JORHAT PO JORHAT 1 DISTRICT JORHAT ASSAM PIN 785001 5.1:SRI TARAKESWAR SAHU RO TARAJAN CREMATION GROUND SAMSHAN ROAD PO JORHAT 1 PS JORHAT DISTRICT JORHAT ASSAM PIN 785001 5.2:SRI BHIM SAHU RO TARAJAN CREMATION GROUND SAMSHAN ROAD PO JORHAT 1 PS JORHAT DISTRICT JORHAT ASSAM PIN 785001 5.3:SRI RAJ KUMAR SAHU RO TARAJAN CREMATION GROUND SAMSHAN ROAD PO JORHAT 1 PS JORHAT DISTRICT JORHAT ASSAM PIN 785001 5.4:SMT RAMAWATI SAHU DO LATE BALAWATI SAHU CO RAGHUNATH SAHU RESIDENT OF VILLAGE DOOMAR DALANG MORAN PO DOOMAR DALANG DISTRICT SIVASAGAR ASSAM PIN 786613 6:SMTI LILAWATI SAHU CO SRI DIPAK SAHU RESIDENT OF MATHURAJ NEAR ELEE CINEMA HALL GAR ALI JORHAT PO JORHAT 1 PS JORHAT DISTRICT JORHAT ASSAM PIN 78500 Advocate for the Petitioner : MR. D K KOTOKY, Page No.# 5/6 Advocate for the Respondent : MR N BARUAH, In RSA Case No. 199/2005 With RSA Case No. 199/2005 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 14.10.2026 1. Heard Mr. D.K. Kotoky, the learned counsel for the applicants. 2. This interlocutory application has been filed under Order 22 Rule 4 of the Code of Civil Procedure, 1908 by the applicants/appellants in connection with Regular Second Appeal No. 199 / 2005, praying for substitution of the legal heirs of deceased respondent No. 1 (i), namely, Late Ashok Gupta, who expired on 28th April, 2026. 3. The learned counsel for the applicants submits that the present applicants/appellants came to know about death of the respondent No.1 (i) only on 12.05.2026, and thereafter, this application for substituting the legal heirs of the deceased party has been filed. 4. He further submits that the application for substitution has been filed within the period of limitation. 5. The learned counsel for the applicants has submitted that the respondent Ashok Gupta died living behind his wife, Smt. Kabita Gupta and daughter Smt. Ridhi Gupta as his legal heirs and same are required to be substituted in his place. 6. I have gone through the materials available on record and have Page No.# 6/6 considered the submissions made by learned counsel for the applicants. 7. It appears that this interlocutory application has been filed within the prescribed period of limitation provided for filing the application for substituting the legal heirs. 8. As such, the prayer is allowed. 9. The applicants are allowed to substitute Smt. Kabita Gupta and Smt. Ridhi Gupta as respondent No. 1 (i) (a) and respondent No. 1 (i)(b) respectively in the memo of appeal. 10. The applicants shall submit the corrected cause title of the memo of appeal in the connected RSA No. 199 / 2005, before the next date fixed. 11. This interlocutory application is, accordingly, disposed of. 12. List the connected Regular Second Appeal after Puja Vacation. JUDGE Comparing Assistant