ON THE DEATH OF MOTHRAM CHUTIA HIS LEGAL HEIRS SIMAREKHA CHUTIA v. BIMAL RATHI
I.A.(Civil)/505/2026 · 2026-04-05
Robin Phukan
body2026
DailyLaw.ai
[ 2026 DAILYLAW 4364 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4364 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/505/2026 ON THE DEATH OF MOTHRAM CHUTIA HIS LEGAL HEIRS SIMAREKHA CHUTIA W/O SRI MOTHRAM CHUTIA RESIDENT OF SILAPATHAR STATION ROAD NO. 2 SILAPATHAR BLOCK SILAPATHAR PO SILAPATHAR PS SILAPATHAR DIST DHEMAJI ASSAM.
2: SMTI MOON MOON CHUTIA D/O SRI MOTHRAM CHUTIA RESIDENT OF SILAPATHAR STATION ROAD NO. 2 SILAPATHAR BLOCK SILAPATHAR PO SILAPATHAR PS SILAPATHAR DIST DHEMAJI ASSAM.
3: SRI ADITYA CHUTIA S/O SRI MOTHRAM CHUTIA RESIDENT OF SILAPATHAR STATION ROAD NO. 2 SILAPATHAR BLOCK SILAPATHAR PO SILAPATHAR PS SILAPATHAR DIST DHEMAJI ASSAM.
4: SRI ARUN SUBBA CHUTIA S/O SRI MOTHRAM CHUTIA RESIDENT OF SILAPATHAR STATION ROAD NO. 2
Page No.# 2/3 SILAPATHAR BLOCK SILAPATHAR PO SILAPATHAR PS SILAPATHAR DIST DHEMAJI ASSAM.
5: SMTI TUHINA CHUTIA D/O SRI MOTHRAM CHUTIA RESIDENT OF SILAPATHAR STATION ROAD NO. 2 SILAPATHAR BLOCK SILAPATHAR PO SILAPATHAR PS SILAPATHAR DIST DHEMAJI ASSAM. VERSUS BIMAL RATHI S/O LATE KISHEN RATHI
RESIDENT OF SILPATHAR TOWN WARD NO. 4 MAIN ROAD PO AND PS SILAPATHAR DIST DHEMAJI ASSAM 2:SRI PAWAN RATHI S/O LATE KISHEN RATHI
RESIDENT OF SILPATHAR TOWN WARD NO. 4 MAIN ROAD PO AND PS SILAPATHAR DIST DHEMAJI ASSAM ------------ Advocate for : MR. U DAS Advocate for : appearing for BIMAL RATHI
BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER 06.04.2026
Heard Mr. U. Das, learned counsel for the appellant and Ms. D. Sarmah,
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learned counsel for the opposite party.
2. This interlocutory application, under Order XXII Rule 3 of the CPC, is preferred by the applicant for substitution of the legal heirs of the appellant in the connected RSA.
3. Mr. Das, learned counsel for the applicant submits that the appellant suffered demise on 30.12.2025 and that he left behind five legal heirs and their names are required to be impleaded in his place in the connected RSA.
4. On the other hand, Ms. Sarmah, learned counsel for the opposite party submits that she has no objection.
5. Having considered the submissions of learned counsel for both the parties and also considering the facts and circumstances on the record, this Court is inclined to allow this application.
6. Accordingly, it is provided that the names of the legal heirs of appellant be impleaded in the connected RSA.
7. In view of the above, the learned counsel for the applicant shall file amended cause-title in the connected RSA, within a period of one week from today.
8. In terms of above, this IA stands disposed of.
9. Registry shall list the connected RSA after vacation. JUDGE Comparing Assistant