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2026 DAILYLAW 7135 (GAU)

SMTI JAYANTI DAS v. ON THE DEATH OF SRI DHIRAJ DEKA, HIS LEGAL HEIRS

I.A.(Civil)/1676/2026 · 2026-05-31

Kalyan Rai Surana

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Judgment text

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Page No.# 1/5 GAHC010042912026 2026:GAU-AS:7594 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1676/2026 SMTI JAYANTI DAS WIFE OF LATE CHANDRA NATH DAS 2: SRI GANESH CHANDRA DAS SONS OF LATE CHANDRA NATH DAS 3: SRI RATUL DAS SONS OF LATE CHANDRA NATH DAS 4: SRI NITUL CH DAS SONS OF LATE CHANDRA NATH DAS 5: SMTI ANJANA HALOI ARE DAUGHTERS OF LATE CHANDRA NATH DAS 6: SMTI KALPANA DAS DAUGHTERS OF LATE CHANDRA NATH DAS 7: SMTI RANJANA DAS DAUGHTERS OF LATE CHANDRA NATH DAS 8: SMTI ARPANA DAS ALL 5 TO 8 ARE DAUGHTERS OF LATE CHANDRA NATH DAS AND ALL 1 TO 8 ARE RESIDENTS OF TOKOBARI DAKHIN PART SATRA GUWAHATI-781001 UNDER PANBAZAR POLICE STATION IN THE DISTRICT OF KAMRUP METRO ASSAM VERSUS Page No.# 2/5 ON THE DEATH OF SRI DHIRAJ DEKA, HIS LEGAL HEIRS RESIDENTS OF KANIKA APARTMENT, SANKAR NAGAR, NOONMATI LAST GATE, P.S. NOONMATI, GUWAHATI, ASSAM, PIN 781020 2:1(A)(I) SMT KARABI DAS WIFE OF LATE DHIRAJ DEKA AGED ABOUT 39 YEARS RESIDENTS OF KANIKA APARTMENT SANKAR NAGAR NOONMATI LAST GATE P.S. NOONMATI GUWAHATI ASSAM PIN 781020. 3:1(A)(II) SMT UTKARKHAA D KASHYAP DAUGHTER OF LATE DHIRAJ DEKA AGED ABOUT 9 YEARS RESIDENTS OF KANIKA APARTMENT SANKAR NAGAR NOONMATI LAST GATE P.S. NOONMATI GUWAHATI ASSAM PIN 781020. 4:1(B) SMT LUNA DEKA DAUGHTER OF LATE GHANSHYAM DEKA RESIDENTS OF KANIKA APARTMENT SANKAR NAGAR NOONMATI LAST GATE P.S. NOONMATI GUWAHATI ASSAM PIN 781020. 5:SMTI GITAJALI BORA WIFE OF SRI J.P. BORA RESIDENT OF NOONMATI GUWAHATI-20 UNDER NOONMATI POLICE STATION IN THE DISTRICT OF KAMRUP M ASSAM PRESENTLY RESIDING AT C/O HARESWAR DAS BASISTHAPUR BYELANE NO.1 WIRELESS GUWAHATI-28 P.S. P.O. DISPUR DIST. KAMRU Page No.# 3/5 Advocate for the Petitioner : N CHAUDHURY, MR A BHATRA,MR A DEKA,MR. B D DEKA,MR. M DAS Advocate for the Respondent : MR R BARUAH, Linked Case : RSA/204/2014 JAYANTI DAS and 7 ORS. W/O LATE CHANDRA NATH DAS 2: GANESH CHANDRA DAS 3: RATUL KR. DAS 4: NITUL CH. DAS ALL SONS OF LATE CHANDRA NATH DAS 5: SMTI ANJANA HALOI 6: SMTI KALPANA DAS 7: SMTI RANJANA DAS 8: SMTI ARPANA DAS ALL DAUGHTERS OF LATE CHANDRA NATH DAS ALL RESIDENTS OF TOKOBARI DAKHIN PART SATRA GUWAHATI 781001 UNDER PANBAZAR POLICE STATION IN THE DIST. OF KAMRUP M ASSAM. VERSUS ON THE DEATH OF SRI GHANSHYAM DEKA HIS LEGAL HEIRS - NAMELY- Page No.# 4/5 1.1:SRI DHIRAJ DEKA S/O. LATE GHANSHYAM DEKA R/O. NOONMATI LAST GATE P.S. NOONMATI GUWAHATI ASSAM PIN-781020. 1.2:SMT.LUNA DEKA D/O.LATE GHANSHYAM DEKA R/O.NOONMATI LAST GATE P.S. NOONMATI GUWAHATI ASSAM PIN-781020. 2:SMTI GITANJALI BORA W/O SRI J.P. BORA R/O NOONMATI GUWAHATI 20 UNDER NOONMATI POLICE STATION IN THE DIST. OF KAMRUP M ASSAM. ------------ Advocate for : MRM HALOI Advocate for : MR.M ALAMR appearing for ON THE DEATH OF SRI GHANSHYAM DEKA HIS LEGAL HEIRS - BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA ORDER Date : 01.06.2026 Heard Mr. N. Das, learned counsel for the applicants and Ms. M. Nath, learned counsel appearing for the respondents. 2. It is projected in this application that the respondent no.1 (a) had died on 05.12.2025 and this application for substitution was filed on Page No.# 5/5 27.02.2026 for substitution of the legal representatives of deceased respondent no.1(a), which has been filed under Order XXII Rule 4 read with Section 151 CPC. 3. It is seen although the application was filed 27.02.2026, as there was a defect that all the applicant had not signed the vakalatnama and the said defect was cured only on 20.05.2026 and matter has been listed. 4. As the application was filed on 27.02.2026 and the defect is not regarding the application but in supporting vakalatnama, the Court is of the considered opinion that the application was filed under the 90 days time as allowed under Article 120 of the Schedule to the Limitation Act. 5. Accordingly, the prayer for substitution of the deceased respondent no.1 (a) is allowed. 6. The application stands disposed of. JUDGE Comparing Assistant