Page No.# 1/4 GAHC010200772004 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/802/2026 NATIONAL INSURANCE CO LTD HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET KOLKATA AND ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI REGIONAL OFFICE G.S. ROAD BHANGAGARH GUWAHATI AND A DIVISIONAL OFFICE AT TINSUKIA VERSUS MOHAMMAD NIZAM UDDIN AND ORS S/O LATE ASMA BEGUM . RESIDENT OF A.P.O COLONY PO AND PS MARGHERITA DIST TINSUKIA ASSAM 1.2:MOHAMMAD ANAM UDDIN S/O LATE ASMA BEGUM . RESIDENT OF A.P.O COLONY PO AND PS MARGHERITA DIST TINSUKIA ASSAM 1.3:MOHAMMAD BURHAN UDDIN S/O LATE ASMA BEGUM . RESIDENT OF A.P.O COLONY Page No.# 2/4 PO AND PS MARGHERITA DIST TINSUKIA ASSAM 2:MD. ALAUDDIN S/O LATE KHURSID ALI RESIDENT OF A.P.O COLONY PO AND PS MARGHERITA DIST TINSUKIA ASSAM ------------ Advocate for : MR. R K BHATRA Advocate for : MR G N SAHEWALLA appearing for MOHAMMAD NIZAM UDDIN AND ORS Linked Case :MACApp./146/2004 NATIONAL INSURANCE CO LTD VERSUS ASMA BEGUM Advocate for the Petitioner : R K BHATRA, MR. H BURAGOHAIN,K K BHATTA,S S SARMA Advocate for the Respondent : A JALLAN, D SENAPATI,G N SAHEWALLA,P BORA,MD ASLAM,N A SINGH,S SENAPATI Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 30.03.2026 1. Heard Ms. A. Biyani the learned counsel for the applicant. Also heard Ms. K. Sharma, the learned counsel for the respondents. 2. This application under Order 22 Rule 4 of the Code of Civil Procedure, 1908 has been filed by the applicant/National Insurance Company Limited for substituting the legal heirs of deceased respondent No. 1, namely, late Asma Begum, who had expired on 08.10.2022. 3. It is submitted by the learned counsel for the applicant that though, the appeal got abated, however, the abatement of appeal has been set aside in the connected Interlocutory Application No.803/2026. 4. She also submits that the delay in filing the present substitution petition has also been condoned in the connected Interlocutory Application No. 1051/2026. 5. The learned counsel for the respondent has raised no objection to the prayer for substituting the legal heirs of late Asma Begum in her place. 6. Considering the amendments made in the instant Interlocutory Application as well as after considering the submissions of learned counsel for both the sides, the prayer for substitution is allowed. 7. The name of legal heirs of deceased respondent No. 1, (late Page No.# 4/4 Asma Begum) are allowed to be substituted in the place of respondent No.1 in the connected Memo of Appeal. 8. Accordingly, the name of Mohammad Nizam Uddin, be substituted as respondent No. 1 (a), similarly in the name of Mohammad Anam Uddin, be substituted as respondent No. 1(b) and the name of Mohammad Burhan Uddin be substituted as respondent 1(c) in the Memo of Appeal of the connected MAC Appeal No. 146/2004. 9. The appellant shall file an amended cause title by showing the name of substituted respondents therein on the next date fixed. 10. Let the connected MAC Appeal be listed on 06.05.2026. 11. The instant Interlocutory Application, is accordingly disposed of. JUDGE Comparing Assistant