Page No.# 1/4 GAHC010022592025 2026:GAU-AS:7487 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No : I.A.(Civil)/431/2025 HELENA SAIKIA AND ORS W/O- LT MASLEM ALI AHMED R/O- VILL- BARSARKUCHI MOUZA- BATAHGILA P.S. NALBARI DIST-NALBARI ASSAM 2: SAFIKUL ISLAM S/O- LT MASLEM ALI AHMED R/O- VILL- BARSARKUCHI MOUZA- BATAHGILA P.S. NALBARI DIST-NALBARI ASSAM 3: SABINA YASMIN D/O- LT MASLEM ALI AHMED R/O- VILL- BARSARKUCHI MOUZA- BATAHGILA P.S. NALBARI DIST-NALBARI ASSAM 4: MISS SAJINA PARBIN D/O- LT MASLEM ALI AHMED R/O- VILL- BARSARKUCHI MOUZA- BATAHGILA P.S. NALBARI DIST-NALBARI ASSAM. VERSUS Page No.# 2/4 SIKHA BARUAH AND ORS W/O LATE BIRAJ MALLA BARUAH R/O MILANPUR IN FRONT OF NO. 1 MASZID P.O. BAMUNIMAIDAM GUWAHATI-21 DIST. KAMRUP M ASSAM. 2:RISHIRAJ BARUAH S/O LATE BIRAJ MALLA BARUAH R/O MILANPUR IN FRONT OF NO. 1 MASZID P.O. BAMUNIMAIDAM GUWAHATI-21 DIST. KAMRUP M ASSAM. 3:BIPLAB BARUAH S/O LATE BIRAJ MALLA BARUAH R/O MILANPUR IN FRONT OF NO. 1 MASZID P.O. BAMUNIMAIDAM GUWAHATI-21 DIST. KAMRUP M ASSAM. 4:DEEKSHA BARUAH S/O LATE BIRAJ MALLA BARUAH R/O MILANPUR IN FRONT OF NO. 1 MASZID P.O. BAMUNIMAIDAM GUWAHATI-21 DIST. KAMRUP M ASSAM. ------------ Advocate for : NURUL ALOM Advocate for : MR. S BORTHAKUR appearing for SIKHA BARUAH AND ORS Linked Case : RSA/242/2013 HELENA SAIKIA and 3 ORS. W/O LATE MASLEM ALI AHMED 2: MD. SAFIKUL ISLAM S/O LATE MASLEM ALI AHMED 3: MISS SABINA YASMIN Page No.# 3/4 D/O LATE MASLEM ALI AHMED 4: MISS SAJINA PARBIN D/O LATE MASLEM ALI AHMED ALL ARE RESIDENTS OF VILL. BARSARKUCHI MOUZA BATAHGILA P.S. and DIST. NALBARI ASSAM. VERSUS BIRAJ MALLA BARUAH S/O LATE DHARMA MALLA BARUAH R/O MILANPUR IN FRONT OF NO. 1 MASZID P.O. BAMUNIMAIDAM GUWAHATI-21 DIST. KAMRUP M ASSAM. ------------ Advocate for : MS.M DAS Advocate for : MR.B C DAS appearing for BIRAJ MALLA BARUAH BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA ORDER Date : 27.05.2026 Heard Mr. R. Islam, learned counsel for the applicant. 2. By filing this application under Order XXII Rule 4 of the CPC for substitution of legal representative of the deceased respondent/ plaintiff namely, Biraj Malla Baruah. 3. Notice on the legal representatives of the deceased respondent was served by usual process and as per process server’s report available on record Page No.# 4/4 notices on respondent nos. 1(a) to 1(b) was received by the respondent no. 1(a). Accordingly, the notice is deemed to be duly served. 4. None appears on call for the said respondents. 5. It is projected that the death of the respondents came to notice of the appellant only on 26.11.2024 and the same was informed to the Court and accordingly, it took some time to present this application. 6. Considering the fact that respondents were the persons sought to be substituted are not present though notice is duly served, the explanation is held that is good and sufficient cause which prevented the applicant to file the application for substitution within time. 7. The name of the sole respondent in RSA/242/2013 is permitted to be substituted by his legal representatives who are arrayed as respondent nos. 1(a) to 1(b) in this application. 8. Accordingly, the interlocutory stands allowed and disposed of. JUDGE Comparing Assistant