Page No.# 1/3 GAHC010235582025 2026:GAU-AS:5375 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3424/2025 JAINUL HUSSAIN S/O JOYNAL HUSSAIN, RESIDENT OF VILLAGE HOUSE NO. 34, BHETAPARA MILAN NAGAR, PO AND PS HATIGAON, DIST KAMRUP M ASSAM, 781038 VERSUS THE ORIENTAL INSURANCE CO LTD AND ORS (A CENTRAL GOVT. UNDERTAKING) HAVING ITS REGIONAL OFFICE AT GUWAHATI, G.S. ROAD, ULUBARI, GUWAHATI- 781007, REP. BY THE DEPUTY MANAGER, GAUHATI REGIONAL OFFICE, ULUBARI, GUWAHATI- 781007. 2:CHINTU KAMTI S/O ASHOK KAMTI R/O CHAMBER ROAD FANCY BAZAR P.O. AND P.S.- PANBAZAR DIST.- KAMRUP (M) ASSAM PIN- 781001. 3:KAMAL KR. JAIN S/O TOLA RAM CHORADIA C/O CHORADIA AND SONS IHM MARKET T.R. PHOOKAN ROAD FANCY BAZAR P.O.- PANBAZAR DIST.- KAMRUP (M) ASSAM PIN- 781001 Page No.# 2/3 Advocate for the Petitioner : S I AKAND, MR. R Deka Advocate for the Respondent : MS. R D MOZUMDAR, In MACApp. No. 1328/2024 with MACApp. No. 1328/2024 (Filing number) with I.A.(Civil) Case No. 1794/2024 with I.A.(Civil) Case No. 3425/2025 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 20.04.2026 [1] Heard Mr. S.I. Akand, the learned counsel for the applicant/claimant. Also heard Ms. R.D. Mozumdar, the learned counsel for the insurance company. [2] This application under Order XXII, Rule 2 & 11 read with Section 151 of the Code of Civil Procedure, 1908 has been filed by the present applicant, who is the uncle of claimant Nos. 2 and 3/respondent Nos. 1(b) and 1(c), who are minors to allow the present applicant to represent them in this case as their next friend. [3] It is submitted by the learned counsel for the applicant that the original claimant, Mr. Mainul Hussain had expired and thereafter, his legal representative including his mother, Jaigun Nessa and minor son and daughter were allowed to be substituted. However, Page No.# 3/3 during the pendency of the delay condonation application filed by the insurance company, i.e. I.A.(Civil) No. 1794/2024, the mother of the original claimant, Ms. Jaigun Nessa also has expired leaving only the minor son and daughter as the sole heirs of the deceased claimants and therefore, the present applicant, Jainul Hussain, who is the uncle of the minor respondent No. 1(b) and 1(c) will be allowed to be represented in the connected interlocutory application. [4] The learned counsel for the insurance company considering the facts pleaded in the instant interlocutory application does not raise any objection. [5] Accordingly, this prayer is allowed. [6] Mr. Jainul Hussains who is the uncle of the minor respondents, namely, Maria Yesmin and Rekib Hussain is allowed to represent the minors in the connected interlocutory application/MACAppeal. [7] This interlocutory application is accordingly allowed. JUDGE Comparing Assistant