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2026 DAILYLAW 3533 (GAU)

PALASH DAS AND 2 ORS v. NIRADA NATH

I.A.(Civil)/2973/2024 · 2026-03-30

Robin Phukan

body2026

Judgment text

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Page No.# 1/4 GAHC010065952024 2026:GAU-AS:4583 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. I.A.(Civil)/2973/2024 PALASH DAS AND 2 ORS S/O LATE BIRENDRA NATH DAS R/O HOWLY TOWN WARD NO. 3 MOUZA- GHILAZARI P.S.-HOWLY DIST- BARPETA ASSAM 2: SHASHANKA DAS S/O LATE BIRENDRA NATH DAS R/O HOWLY TOWN WARD NO. 3 MOUZA- GHILAZARI P.S.-HOWLY DIST- BARPETA ASSAM 3: BULU DAS S/O LATE BIRENDRA NATH DAS R/O HOWLY TOWN WARD NO. 3 MOUZA- GHILAZARI P.S.-HOWLY DIST- BARPETA ASSAM VERSUS NIRADA NATH W/O RUPAM NATH R/O HOWLY TOWN WARD NO. 3 MOUZA- GHILAZARI Page No.# 2/4 P.S.-HOWLY DIST- BARPETA ASSAM ------------ Advocate for : MR. SHEELADITYA Advocate for : appearing for NIRADA NATH Linked Case - RSA/204/2019 SRI BIRENDRA NATH DAS S/O- LATE NARESWAR DAS R/O- HOWLY TOWN WARD NO. 3 MOUZA- GHILAMARI P.S. HOWLY DIST.- BARPETA PIN-781316 VERSUS NIRADA NATH W/O- RUPAM NATH R/O- HOWLY TOWN WARD NO. 3 MOUZA- GHILAMARI P.S. HOWLY DIST.- BARPETA PIN- 781316. ------------ Advocate for : MR. SHEELADITYA Advocate for : MR H GUPTA appearing for NIRADA NATH Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 31.03.2026 Heard Mr. Sheeladitya, learned counsel for the applicants. 2. This application, under Order 22 Rule 4 of the Code of Civil Procedure, is preferred by the applicants for substitution of the legal heirs of the deceased appellant, who had suffered demise on 12.05.2023. 3. Mr. Sheeladitya, learned counsel for the applicants submits that the said appellant, namely, Mr. Birendra Nath Das; has left behind 3 (three) legal heirs, namely, Palash Das, Shashanka Das and Bulu Das; and they are required to be brought on record as the appellants, in RSA No. 204/2019, and under such circumstances, Mr. Sheeladitya has contended to allow this application. 4. Having heard the submission of Mr. Sheeladitya, learned counsel for the applicants and also, considering the facts and circumstances on record, this interlocutory application stands allowed. 5. The legal heirs of the defendant No. 1, namely, Palash Das, Shashanka Das and Bulu Das; be impleaded as appellants, in RSA No. 204/2019. 6. In view of the order passed today in I.A.(C) No. 2973/2024, Mr. Sheeladitya, learned counsel for the applicants shall file amended cause title in the RSA No. 204/2019, within a period of 1 (one) week from today. Page No.# 4/4 7. In terms of the above, this interlocutory application stands disposed of. JUDGE Comparing Assistant